Bargaining Sectoral Standards: Towards Canadian Fair Pay Agreement Legislation

Osgoode Legal Studies Research Paper No. 4271773

Windsor Yearbook of Access to Justice

27 Pages Posted: 21 Nov 2022 Last revised: 5 May 2023

See all articles by Sara J. Slinn

Sara J. Slinn

York University - Osgoode Hall Law School

Mark Rowlinson

Goldblatt Partners LLP

Date Written: November 8, 2022

Abstract

This paper considers the recently introduced New Zealand Fair Pay Agreement (FPA) sectoral bargaining framework and offers a preliminary series of ideas and proposals setting out how an FPA model for bargaining sectoral standards could work in Canada. It is intended as the beginning of a more detailed discussion on the development of an FPA regime culminating in model legislation that could be adapted to different Canadian jurisdictions.

Guided by principles of accountability, integration, and inclusivity, this proposal is intended to apply to all workers in an employment relationship – including dependent contractors and gig and platform workers. The proposed system is to be structured as a new, stand-alone statute, drawing upon existing institutions administering collective bargaining legislation, incorporating some familiar collective bargaining concepts: good faith bargaining, dues check-off, and unfair labour practice protection. It is intended to preserve existing collective bargaining arrangements by excluding specified sectors with existing high union density or existing sectoral bargaining. However, it is also intended to offer a new, sectoral bargaining option based on industry or occupation sectors, producing FPA “sector agreements” containing minimum standards applying to all employees and employers in the sector. This proposed framework would operate in parallel and in conjunction with the existing enterprise-level collective bargaining system.

Keywords: Labor Law, Sectoral Bargaining, Inequality, Collective Bargaining, Unions

JEL Classification: L1, L5

Suggested Citation

Slinn, Sara and Rowlinson, Mark, Bargaining Sectoral Standards: Towards Canadian Fair Pay Agreement Legislation (November 8, 2022). Osgoode Legal Studies Research Paper No. 4271773, Windsor Yearbook of Access to Justice, Available at SSRN: https://ssrn.com/abstract=4271773 or http://dx.doi.org/10.2139/ssrn.4271773

Sara Slinn (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario
Canada
(416) 736-5052 (Phone)

Mark Rowlinson

Goldblatt Partners LLP

1039–20 Dundas Street West
Toronto, Ontario M5G2C2
Canada

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