(I) Freedom of Association for Agricultural Workers 12
Dunmore v. Ontario (Attorney General),  3 S.C.R. 1016 12
Committee on Freedom of Association Report Canada (Case No. 1900), Report #308 (1997) 14
Committee on Freedom of Association Report Canada (Case No. 1900), Report #330 (2003) 15 Travailleurs et travailleuses unis de l’alimentation et du commerce, section locale 501 c. La Légumière Y. C. inc. et al. (24 Sept 2007), 2007 QCCRT 0467 16
III. Relationship between Freedom of Association & Collective Bargaining Policy 17
(i) The Labour Trilogy: No Right to Collective Bargaining or Strike 17
Reference Re Public Service Employee Relations Act (Alta.),  1 S.C.R. 313 17
PSAC v. Canada,  1 S.C.R. 424 20
RWDSU v. Saskatchewan,  1 S.C.R. 460 22
(ii) Overriding an Collectively Bargained Agreement 24
Newfoundland (Treasury Board) v. N.A.P.E.,  3 S.C.R. 381 24
(ii) Right to Collective Bargaining Recognized 26
Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27 26
Fraser (Attorney General), 2008 ONCA 760 29
CSN c. Québec (Procurer general), 2007 QCCS 5513 31
Plourde v. Québec (Commission des relations du travail) 2007 QCCS 3165 32
Plourde v. Québec (Commission des relations du travail) 2007 QCCA 1210 32
IV. Acquisition and Termination of Bargaining Rights 32
(i) Employee Status 32
CSN c. Québec (Procurer general), 2008 QCCS 5057 34
What are the underlying objectives of labour law? What are the three regimes identified to meet those objectives during the fordist era? Why is Canadian labour law primarily regulated at the provincial level? Is current labour regulation in Canada in-sync with contemporary labour market challenges? Blackett argues that many situations could be covered by labour law – seasonal agricultural workers, Wal-Mart employees, lawyers and articling students – but aren’t. The typical case that is covered by labour law is a person covered by a collective agreement. This might be a government employee, but unionization of gov’t workers didn’t emerge until the 1960s. We see the heart of intersection b/w labour law and industrialization in case involving Ford Motors in a judgment by Laskin CJ.
Labour law’s history is very much a history of people claiming their ability to marshal their power to organize and extract better working, and hence living, conditions. Initially, many unions claimed the right to be left alone – i.e. not to have CML step in. The story of labour law is also the story of industry and business in a Post-Industrial World
We will consider interface between human rights norms and collective representation.
The Rand formula (also referred to as automatic check-off) is a workplace situation where the payment of trade union dues is mandatory regardless of the worker's union status. This formula is designed to ensure that no employee will opt out of the union simply to avoid dues yet reap the benefits of the union's accomplishments (such as ensuring higher wages, better job security or other benefits).
Supreme Court of Canada Justice Ivan Rand, the eponym of this law, introduced this formula in 1946 as an arbitration decision ending the Ford Strike of 1945 in Windsor, Ontario.
Sources of Labour Law: relationship and power dynamic between - Charter (2(d) and 15), Labour Codes (QLC, CLC, OLRA), alternative statutes, CML law, international law