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Socio-Economic Review Advance Access originally published online on March 10, 2006
Socio-Economic Review 2006 4(2):321-336; doi:10.1093/ser/mwl009
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© The Author 2006. Published by Oxford University Press and the Society for the Advancement of Socio-Economics. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Non-union representation and employer intent: how Canadian courts and labour boards determine the legal status of non-union plans

Daphne G. Taras

Professor of Industrial Relations, Institute for Advanced Policy Research and Haskayne School of Business, University of Calgary, 2500 University Drive N.W., Calgary, Alberta, Canada T2N 1N4

Correspondence: daphne.taras{at}haskayne.ucalgary.ca

Non-union employee associations are neither banned nor protected in Canada. Issues arise when the employer's intent, or the effect of these associations, thwarts unions or deprives employees of their right to unionize. Thirty Canadian cases are examined involving: (i) employee associations applying for union status; (ii) non-union associations colliding with union organizing campaigns and (iii) the Supreme Court case favouring a non-union plan for the national police over unionization.

Key Words: Labour–management relations • industrial jurisprudence • public policy • labour law • JEL classification: J53, J48, K31


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