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In Canada, existing human rights laws are “read in” to collective agreements. Violations of those terms can thus be grieved and submitted to binding arbitration.
Some key human rights cases began as union grievances. However, unions often refrain from active engagement in employment equity, diversity training and anti-bullying programs, especially where the interests of different groups of members may clash, For years, many unions, in effect, “contracted out” discrimination cases to human rights tribunals.
Recently, however, the Supreme Court of Canada moved the goalposts, ruling that unions had exclusive jurisdiction over such matters.
After almost half a century, the human rights ball is firmly back into organized labour’s court. All unions must start once again to take bullying, harassment and discrimination in the workplace seriously, even where such misbehaviour is member-on-member.
What are “best practices” currently by unions in the human rights domain? How do they currently deal with their legal obligation to fairly represent both perpetrators and victims of discrimination? How do they reconcile the vaunted seniority principle with retention of equity-seeking groups? How and why do they participate in and encourage employment equity programs with employers,or demur from doing so ? What lessons can be taken from these experiences?
Sonja Novkovic
Equity Watch Society
Sociology
Professional, scientific and technical services
Saint Mary's University
Accelerate
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