I have been blogging at a much slower pace than normal this term, because I am focusing my spare time on finishing the final part of my quadrilogy called The Law of Work. The final part
covers The Collective Bargaining Regime. Once the complete book is out, this blog will back with a vengeance and will interact directly with the book, with each new entry linking to material covered in the book.
By way of review, the four-part Law of Work book introduces a new type of law text that is intended to be legally sophisticated but also written in accessible language free of unnecessary legal jargon. The book does not follow the usual dichotomy of legal texts in the field. That dichotomy distinguishes between:
Labour Law and Industrial Relations: laws and policies governing the process of unionization and collective bargaining in unionized workplaces, and
Employment Law: laws and policies governing non-union workplaces, including the common law of the employment contract and employment regulation.
The Law of Work covers all three regimes (Common Law, Regulatory Law, and Collective Bargaining Law) in one book, and explains how the regimes all interact and influence one another to create a vast and complex legal regime governing the work relationship in Canada.
The publisher released Parts I to III last year, and it is already in use in universities and colleges across the country, including in law schools, as well as in business, governance, industrial relations, and human resource management schools and graduate schools. See what students and academics are saying about the book so far!
In 2017, the final Collective Bargaining part will be rolled out. It will also be accompanied by a collective bargaining and labour arbitration simulation, and (this part is still a secret) a new video of a mock arbitration for use in classrooms.
The publisher intends to offer both the full book (all four parts), or two separate books divided roughly as follows:
Option One, for use Primarily in courses focusing on non-union Employment Law: Parts I, II, and III
Option Two, for use primarily in courses focusing on Industrial Relations and Collective Labour Law: Parts I and IV
It will also be possible for university and college instructors to order their own version of the book that combines chapters from various parts.
Here is a list of chapters from Parts 1 to III and the anticipated list of Chapters from Part IV on the Collective Bargaining Regime. Check out the great list of cross country guest contributors.
Part I: The Law of Work: Themes, Frameworks, and Perspectives
Chapter 1: Canadian Work Law in a Nutshell
Chapter 2: The Law of What? Employment, Self-Employment, and Everything in Between
Chapter 3: A Framework for Analyzing the Law of Work
Chapter 4: Key Perspectives That Shape the Law of Work
Part II: The Common Law Regime
Formation and Requirements of an Employment Contract
Chapter 5: A Brief History of the Common Law Model of Employment (Professor Claire Mummé, Windsor)
Chapter 6: The Job Recruitment and Hiring Process
Chapter 7: The Requirements of an Employment Contract (sample chapter)
The Employment Contract
Chapter 8: Expressed and Ancillary Employment Contract Terms
Chapter 9: Implied Employment Contract Terms
Chapter 10: Modifying Employment Contracts
The End of an Employment Contract
Chapter 11: Termination by Agreement of the Parties
Chapter 12: Termination by “Frustration”
Chapter 13: Termination by an Employer with “Reasonable Notice”
Chapter 14: Summary Dismissal: Termination for Cause Without Notice
Chapter 15: “You Forced Me to Quit!”: The Special Case of Constructive Dismissal
Chapter 16: Damages in Wrongful Dismissal Lawsuits
Chapter 17: “I Quit!”: Termination of the Employment Contract by the Employee
Tort Law and Work
Chapter 18: Tort Law and the Employment Relationship
Part III: The Regulatory Regime
Chapter 19: Mapping Labour Market Regulation
Chapter 20: The Charter of Rights and Freedoms and Regulatory Standards
Employment Protection Regulation
Chapter 21: Regulating Wages and Pay Equity
Chapter 22: Regulating Working Time
Chapter 23: Regulating the End of Employment Contracts
Chapter 24: Regulating Worker Safety and Injuries (Professor Bob Barnetson, Athabasca)
Chapter 25: Mapping Human Rights at Work
Chapter 26: Putting Human Rights Law to Work
Chapter 27: What Are the Prohibited Grounds of Discrimination?
Chapter 28: Bona Fide Occupational Requirements and Other Discrimination Defences
Chapter 29: The Duty to Accommodate (Professor Michael Lynk, Western)
Chapter 30: Regulating Unemployment
Broader Labour Market Regulation
Chapter 31: The Right to Work: Immigration and Mobility Law (Professor Sarah Marsden, Thompson Rivers University)
Chapter 32: Intellectual Property Law and Work (May Cheng, Osler’s Toronto)
Chapter 33: Privacy Law at Work (John Craig (Fasken’s Toronto) and Justine Lindner, McCarthy’s Toronto)
Chapter 34: Pensions, Insolvencies, Bankruptcies, and the Worker (Simon Archer, Koskie Minksy)
Chapter 35: International Law, Trade Law, and Globalization
Part IV: The Collective Bargaining Regime (Publication Date: 2017)
Chapter 36: Mapping the Collective Bargaining Regime: Introductory Concepts
Chapter 37: A Brief History of the Canadian Labour Movement and the Law (Professor Alison Braley-Rattai, University of Toronto)
Chapter 38: A Closer Look at Unions (Professor Scott Walsworth, University of Saskatchewan)
Chapter 39: The Unionization Process
Chapter 40: Unfair Labour Practices
Chapter 41: The Law of Collective Bargaining
Chapter 42: Industrial Conflict: Strikes, Lockouts, and other Bargaining Tactics
Chapter 43: The Collective Agreement
Chapter 44: Grievances and Labour Arbitration
Chapter 45: What is ‘Just Cause’ for Discipline or Discharge of Unionized Employees?
Chapter 46: Public Sector Labour Relations [Chris Rootham, Partner, Nelligan O’Brien, Payne, Ottawa)
Chapter 47: The Charter of Rights and Freedoms and the Collective Bargaining Regime (David Doorey & Ben Oliphant, Gall, Legge, Grant, & Munroe, Vancouver)