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9010.More information
The determination of bargaining units, a crucial component in the crystallization of freedom of association since Canada's adoption of the Wagner model in 1944, follows different rules in the public sector. The determination of the bargaining unit is based primarily on functional criteria, such as the organizational structure of the company or the similarity of positions and working conditions, as opposed to voluntary criteria that would involve, in particular, employees' associative choices. In this paper, we examine the history of the determination of bargaining units in the federal public sector and examine the functional and voluntary approaches by comparing two model situations : the demands for deconsolidation of bargaining units at the Canadian Broadcasting Corporation in 1978 and among air traffic controllers in Quebec in 1979. The functional and voluntary approaches are then used to analyse a more recent situation in which the RCMP was the subject of a Labour Relations Board (FPSLREB) decision regarding the constitutional freedom of association.