Individual rights in the unionized workforce conflict between minority needs and majority interests.
Published: 2004
Language: eng
Number of pages: 68
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Industrial relations -- Law and legislation -- Ontario.; Labor unions -- Law and legislation -- Ontario.; Civil rights -- Ontario.; Labor laws and legislation -- Ontario.
Description: This thesis examines potential problems caused by the interplay between the Ontario Human Rights Code and the Ontario Labour Relations Act in unionized workplaces. Due to the majoritarian structure of unions, the interests of minorities may be ignored. This can be problematic for a human rights complainant who is in need of accommodations that interfere with the labour relations rights of other employees, as the union may therefore not wish to accommodate. However, due to forums jurisprudence, the union may be the 'gatekeeper' that must be approached by the employee.The paper looks firstly at the individual nature of human rights and contrasts this with the representative function of the union. It then explains areas of potential conflict, the role of forums rules, and the issues caused by Labour Board jurisprudence that is overly deferential to unions. Recommendations for change are made in the conclusion of the paper.
Notes: Adviser:  Denise Reaume.

Thesis (LL.M.)--University of Toronto, 2004.

Electronic version licensed for access by U. of T. users.

Source: Masters Abstracts International, Volume: 43-03, page: 0726.

MICR copy on microfiche (1 microfiche).