SummaryThe right to work can be considered as something positive and also as something which is negative.In one of these instances, the right to work lies in the possibility of actually performing a certain work without being prevented illegitimately from doing so. It can then be compared with the right to live, to get married, the general right of property and the right to education. Other people are under the obligation of bringing no obstacle to the exercise of such a right.In the other case, the right to work is considered as the moral foundation to claiming a job. According to this right of any man, others would be under the obligation of actually providing him with some work. The big question then is to find out who would be under such an obligation.The first aspect of the right to work is pretty well cared for by Canadian legislation. Many statutes protect the workers against undue discrimination originating from union activity, race, religion or colour. It is, moreover, covered by the regulations of some professional bodies, by seniority and layoff provisions of most collective labour agreements.As far as the right to claim a job is concerned, western countries are not actually giving it a full practical recognition, even if some of them have embodied a declaration to that effect in their fundamental law. Some totalitarian states have in fact achieved this policy but by stressing the obligation to work and by forgetting about human liberties.Morally, it is the duty of free enterprises, of governments and of the society as a whole to make it possible for the right to work, considered as a positive claim to a job, to become effective.
SommaireL'Economie libérale acceptait une grande mobilité dans l'emploi de la main-doeuvre. Parce qu'elle considérait le travail comme une marchandise, il pouvait lui paraître souhaitable que la main-d'oeuvre se déplaçait selon les besoins du marché. Dans le droit moderne, au contraire, le travailleur est incorporé dans l'entreprise, il TEND à ne pouvoir en être détaché sans un juste motif. (Rouast-Durand, Précis de législation industrielle, Droit du Travail.)
SummaryThe amendments brought to the Combines Act by the Third Session of the 24th Parliament are as follow: first, the bill C-58 consolidates all the anti-trust legislation under one act only which means that it removes from the criminal code the articles which were concerned with unfairetrade practices and integrates then in the Combines Act. Second, the new law provides for an alternative way of controlling the restrictive trade practices: the injonction. The prosecution leading to conviction by a provincial court used to be the sole remedy against the combines, but now it would be possible to issue an order of dissolution against trade associations. This provision is mainly concerned with the merger cases. Third, the new bill autorises the Department of Justice to bring certain combine cases before the Exchequer Court of Canada instead of a trial Court. The reason for this amendment is that the federal government wants to build up a body of judicial experts who will deal with the more complicated cases of merger or combines. Four, the law specifically autorises the enterprises to exchange information and statistics on the state of their business and permits them to cooperate in research and development. This means that in a prosecution under the Combines Act, the court shall not convict the accused if the agreement relates only to these matters. Five, the law obliges any productor or distributor of a merchandise to offer the same discount or allowances to all its customers. Thus, this amendment forbides any trade discrimination.
SummaryThe Author contends that the legal framework which has developed in Canada to deal with collective bargaining has been less favourable to the emergence of strong unions and effective collective bargaining than in the American case. This is explained better by fortuitous (and notably constitutional) circumstances than by calculated policy decisions. Canadian pragmatism in this field has led to a relatively massive State intervention which has strongly affected the basically unstable power relationship between labour and management. And the trend is increasing.
SummaryThis article has been prepared with the purpose of providing for industrial relations practicians' wants of reference facilities. The problem of documentation, as the practician will face it and as the author sees it, is threefold: first, documented references have to be consulted when specific problems have to be studied; second, books and articles have to be found and consulted for the sake of improving the educational background of the practician; and third, a certain amount of documentation has to be accumulated and maintained up-to-date for library needs in order to meet the usual requirements of individual concerns, whether business enterprises, unions or governemental agencies.In the first part of the article, the author analyses briefly the main purposes of a systematic review of specialized literature when a specific problem has to be studied. Then, industrial relations research is divided into four different categories. A set of examples of typical day-to-day research problems is thereafter submitted for illustration purposes.In the second part of the article, a certain number of index services, periodicals, governmental publications, specialized books, etc., are suggested.
Un juge de la Cour Supérieure décide qu'un engagement de la part d'une Compagnie à
n'exercer aucune représaille à raison d'une grève n'implique pas la renonciation à des
recours en dommages résultant de la grève.
Extraits d'un jugement dans Saguenay Terminais Limited vs Le Syndicat National des
Débardeurs de la Baie des Ha Ha et al. Hon. Antoine Lacoursière. J.C.S. District de
Chicoutimi, no 22,096.
SummaryA discharge case involves two areas of proof; a) proof of wrong doing on the part of the grievor, and b) an evaluation of the punishment in relations to the infraction. In this case, there was cause for discipline but not for the extreme penalty of dismissal.Exerpt from an award in a dispute between Dominion Engineering Works Ltd and Lodge 1660, The International Association of Machinists. H. D. Woods, President; J. R. Cardin, Union nominee; H. McD. Sparks, Company nominee. Revue Légale, octobre 1960, pp. 474-485.