The Human Rights Tribunal of Ontario ( French : Tribunal des droits de la personne de l’Ontario ) is an administrative tribunal in Ontario , Canada that hears and determines applications brought under the Ontario Human Rights Code , the provincial statute that sets out human or civil rights in Ontario prohibiting discrimination on the basis of a number of grounds (such as race, sex or disability) in certain social areas (such as services, housing or employment). It is one of the 13 adjudicative tribunals overseen by the Ministry of the Attorney General that make up Tribunals Ontario . Any person who believes they have been discriminated against under the Human Rights Code may bring an application to the Tribunal.
118-613: The Canadian Union of Public Employees (French: Syndicat canadien de la fonction publique ; CUPE–SCFP ) is a Canadian trade union serving the public sector – although it has in recent years organized workplaces in the non-profit and para-public sector as well. CUPE–SCFP is the largest union in Canada, representing some 700,000 workers in health care, education, municipalities, libraries, universities, social services, public utilities, transportation, emergency services and airlines. Over 60 per cent of CUPE–SCFP's members are women, and almost
236-699: A 1 ⁄ 6 -shekel per day freight rate for a 60-gur vessel. In 1816, an archaeological excavation in Minya, Egypt (under an Eyalet of the Ottoman Empire) produced a Nerva–Antonine dynasty -era tablet from the ruins of the Temple of Antinous in Antinoöpolis , that prescribed the rules and membership dues of a burial society collegium established in Lanuvium , in approximately 133 AD during
354-593: A prima facie case of discrimination has been made out by the employee): This test has been codified in a number of provisions of the Ontario Human Rights Code . However, it cannot be raised as a defence to harassment as there can be no legitimate excuse for harassment under human rights law. The Ontario Human Rights Code provides that "[e]very person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe
472-466: A product and had control over his life and work. As industrial workers, however, the workers sold their work as labour and took directions from employers, giving up part of their freedom and self-agency in the service of a master. The critics of the new arrangement would call this " wage slavery ", but the term that persisted was a new form of human relations: employment. Unlike farmers, workers often had less control over their jobs; without job security or
590-426: A 2-shekel prevailing wage for each 60-gur (300- bushel ) vessel constructed in an employment contract between a shipbuilder and a ship-owner. Law 275 stipulated a ferry rate of 3- gerah per day on a charterparty between a ship charterer and a shipmaster. Law 276 stipulated a 2 1 ⁄ 2 -gerah per day freight rate on a contract of affreightment between a charterer and shipmaster, while Law 277 stipulated
708-560: A back-to-work order from the Ontario Supreme Court in 1981 and sentenced to 45 days in jail. She retired in 1983. Hartman's successor as president was Jeff Rose , a Toronto city worker. Rose's time as the defining face of CUPE–SCFP was marked by membership growth from 294,000 to 407,000 members (largely through organizing), a strengthening of CUPE–SCFP's infrastructure and rank-and-file skills, and his outspoken opposition to Brian Mulroney -era wage restraint , free trade ,
826-482: A blend of these two philosophies, and the definitions of the models themselves are still debated. Informal workers often face unique challenges when trying to participate in trade union movements as formal trade union organizations recognized by the state and employers may not accommodate for the employment categories common in the informal economy. Simultaneously, the lack of regular work locations and loopholes relating to false self-employment add barriers and costs for
944-632: A century (and Marx's writings themselves frequently address the prior existence of the workers' movements of his time.) The first recorded labour strike in the United States was by Philadelphia printers in 1786, who opposed a wage reduction and demanded $ 6 per week in wages. The origins of modern trade unions can be traced back to 18th-century Britain, where the Industrial Revolution drew masses of people, including dependents , peasants and immigrants, into cities. Britain had ended
1062-406: A conscious basis, but rather emanates from unconscious attitudes and belief systems. In a historical context, some of these attitudes and belief systems include the fact that black persons (and other groups) are expected to "know their place" and that any black person who talks back or refuses to comply is to be regarded as "uppity" and needs to be dealt with harshly. Specifically, it was found that
1180-575: A federation of different unions that did not directly enrol workers. In 1886, it became known as the American Federation of Labor or AFL. In Germany, the Free Association of German Trade Unions was formed in 1897 after the conservative Anti-Socialist Laws of Chancellor Otto von Bismarck were repealed. In France, labour organisation was illegal until the 1884 Waldeck Rousseau laws . The Fédération des bourses du travail
1298-564: A human rights complaint, which his employer was obliged to investigate. The tribunal ordered that Herman Miller Canada pay $ 56,000 in compensation for lost wages (14 months pay) and $ 15,000 for injury to dignity and self-respect. Complaint Filed Against Maclean's Magazine (2008) A human rights complaint against Maclean's magazine was filed in December 2007 by Mohamed Elmasry of the Canadian Islamic Congress with
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#17327795731191416-647: A national headquarters in Ottawa, it is relatively small—the vast majority of its staff are scattered across over 70 offices across the country. CUPE–SCFP locals are affiliated directly to the National body, and affiliation in Provincial CUPE–SCFP bodies is optional. CUPE–SCFP National provides locals with support and assistance through National Representatives, who are employees of CUPE–SCFP National. National Representatives are assigned to specific locals to assist
1534-758: A number of occasions and the Professional Air Traffic Controllers Organization (PATCO) endorsed Ronald Reagan in 1980. In the United Kingdom trade union movement's relationship with the Labour Party frayed as party leadership embarked on privatization plans at odds with what unions see as the worker's interests. However, it has strengthened once more after the Labour party's election of Ed Miliband , who beat his brother David Miliband to become leader of
1652-568: A number of other media records. Trade union A trade union ( British English ) or labor union ( American English ), often simply referred to as a union , is an organization of workers whose purpose is to maintain or improve the conditions of their employment , such as attaining better wages and benefits , improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting and increasing
1770-547: A particular group." In response, the editors of Maclean's denounced Commissioner Hall and her staff for what they called the "zealous condemnation of their journalism" and stated that in her press release "[Hall] cited no evidence, considered no counter-arguments, and appointed herself prosecutor, judge and jury in one fell swoop." Maclean's accused every human rights commission in the country for "morphing out of their conciliatory roles to become crusaders working to reshape journalistic discourse in Canada." Mark Steyn, who wrote
1888-659: A political party intended to represent the interests of the working class. Typically, this is a left-wing , socialist , or social democratic party, but many exceptions exist, including some of the aforementioned Christian unions. In the United States, trade unions are almost always aligned with the Democratic Party with a few exceptions. For example, the International Brotherhood of Teamsters has supported Republican Party candidates on
2006-401: A private post-secondary college, and admission to a movie theatre. Nassiah v Peel (Regional Municipality) Services Board (2007) Ms. Nassiah filed an application under the Ontario Human Rights Code alleging that she had been discriminated against in respect of services because of her race with regard to a police investigation into an allegation of shoplifting. The investigating officer
2124-436: A promise of an on-going relationship with their employers, they lacked some control over the work they performed or how it impacted their health and life. It is in this context that modern trade unions emerge. In the cities, trade unions encountered much hostility from employers and government groups. In the United States, unions and unionists were regularly prosecuted under various restraint of trade and conspiracy laws, such as
2242-567: A qualified job applicant on prohibited grounds is clearly discriminatory with respect to employment. It is also clearly discriminatory with respect to employment to refuse to continue current employment (meaning to dismiss, demote, retire, deny any benefit or promotion, etc.) based on prohibited grounds. However, any differential treatment based on prohibited grounds may constitute discrimination, including dress codes and appearance requirements. A bona fide occupational requirement (BFOR) or bona fide occupational qualification (BFOQ) (abbreviated BFOR/Q)
2360-668: A range of socialists from Owenites to revolutionaries and played a part in the protests after the Tolpuddle Martyrs ' case, but soon collapsed. More permanent trade unions were established from the 1850s, better resourced but often less radical. The London Trades Council was founded in 1860, and the Sheffield Outrages spurred the establishment of the Trades Union Congress in 1868, the first long-lived national trade union center . By this time,
2478-663: A request from the union’s national executive board that he resign due to a social media video post by Hahn that Hancock called "antisemitic." Hahn, for his part, said that he was refusing to step down. Richard Marceau, vice president of the Centre for Israel and Jewish Affairs (CIJA), opined that CUPE should remove Hahn. Carrie Silverberg, one of the people who signed on to the human-rights complaint against CUPE, called Hahn's video “blatantly anti-Semitic”. Ontario’s labour minister, Dave Piccini, confronted Hahn and asked him to stop being anti-Semitic, and Premier Doug Ford said that Hahn's post
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#17327795731192596-403: A right of another person under this Act, without reprisal or threat of reprisal for so doing." It is discriminatory for any respondent (including an employer) to retaliate against an applicant for pursuing a human rights complaint. A retaliation complaint may be upheld, even if the original complaint is dismissed. Morgan v Herman Miller Canada Inc (2013) Mr. Morgan filed an application under
2714-535: A role in the officer's failure to take steps to try and de-escalate the situation. They recognized that there is an inherent exercise of power and power imbalance in an interaction between a police officer and the public, and that this may be inappropriately exacerbated when it is combined with a racial and/or gender power dynamic. The tribunal cited a decision by the Supreme Court of Canada , which recognized that racial discrimination most often does not operate on
2832-439: A significant amount of jurisprudence and academic studies, as well as expert evidence, on the subject of racial profiling upon which it was concluded that racial profiling does in fact exist and does occur in Canada. And it was found that there was a pattern of evidence supporting a higher level of scrutiny and racial profiling in this case. In addition to the systemic remedies ordered to address issues in police training, Ms. Nassiah
2950-539: A third are part-time workers. CUPE–SCFP is affiliated with the Canadian Labour Congress and is its greatest financial contributor. CUPE–SCFP was formed in 1963 in a fashion resembling industrial unionism by merging the National Union of Public Employees (NUPE) and the National Union of Public Service Employees (NUPSE). The first national president was Stan Little , who had previously been
3068-465: A trade union is "an organisation consisting predominantly of employees, the principal activities of which include the negotiation of rates of pay and conditions of employment for its members". Recent historical research by Bob James puts forward the view that trade unions are part of a broader movement of benefit societies , which includes medieval guilds , Freemasons , Oddfellows , friendly societies , and other fraternal organizations . Following
3186-517: A union are binding on the rank-and-file members and the employer, and in some cases on other non-member workers. Trade unions traditionally have a constitution which details the governance of their bargaining unit and also have governance at various levels of government depending on the industry that binds them legally to their negotiations and functioning. Originating in the United Kingdom , trade unions became popular in many countries during
3304-567: Is a form of racial discrimination. There is nothing novel in finding that racial profiling is contrary to the Human Rights Code... It is and always has been contrary to the Code for the police to treat persons differently in any aspect of the police process, because of their race, even if race is only one factor in the differential treatment. What is new (in the last two decades) is the mounting evidence that this form of racial discrimination
3422-486: Is a quality or attribute that employers are permitted to consider when making decisions about hiring or retaining employees. If it is necessary to raise BFOR/Q as a defence, the quality in question is one that would otherwise constitute unlawful discrimination in some respect. In order to succeed in a BFOR/Q defence, an employer must satisfy the Meiorin/Grismer test. This requires that they be able to prove (after
3540-503: Is a significantly greater volume of final decisions decided on their merits; the tribunal's rulings on discrimination appear impartial; and public interest remedies are routinely awarded where discrimination is found. Criticisms of the tribunal include: An individual who has experienced discrimination may file a claim with the Human Rights Tribunal of Ontario. Applicants to HRTO may be eligible for legal assistance from
3658-452: Is aimed at providing quick and direct access for applicants and a fair dispute resolution process for all parties, including respondents. The tribunal is able to handle a large volume of complaints without accumulating a backlog, applications are processed quickly, there is high level of transparency to the tribunal's decision-making. Transparency is achieved through the public availability of procedural and substantive written decisions. There
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3776-485: Is globalization, which makes it harder for unions to maintain standards across countries. The last reason is governmental policies. These come from both sides of the political spectrum. In the UK and US, it has been mostly right-wing proposals that make it harder for unions to form or that limit their power. On the other side, there are many social policies such as minimum wage , paid vacation , parental leave, etc., that decrease
3894-452: Is not the result of isolated acts of individual " bad apples " but part of a systemic bias in many police forces. What is also new is the increasing acceptance by the Courts in Canada that racial profiling by police occurs in Canada and the willingness to scrutinize seemingly "neutral" police behaviour to assess whether it falls within the phenomenon of racial profiling." The commission cited
4012-539: Is rising, long live the resistance." Eighty Jewish members of CUPE took Hahn and CUPE Ontario to the Ontario Human Rights Tribunal , saying they felt “isolated, unwelcome, scared, silenced, discriminated against, threatened and harassed” by the way their union had responded since the October 7 attack. In August 2024, National President Mark Hancock said that Hahn had been asked to respond to
4130-489: Is supported by the far-right BNP . In Denmark, there are some newer apolitical "discount" unions who offer a very basic level of services, as opposed to the dominating Danish pattern of extensive services and organizing. In contrast, in several European countries (e.g. Belgium, Denmark, the Netherlands and Switzerland ), religious unions have existed for decades. These unions typically distanced themselves from some of
4248-414: Is that a trade union "is a continuous association of wage earners for the purpose of maintaining or improving the conditions of their employment". Karl Marx described trade unions thus: "The value of labour-power constitutes the conscious and explicit foundation of the trade unions, whose importance for the ... working class can scarcely be overestimated. The trade unions aim at nothing less than to prevent
4366-607: Is the larger of the groups. It represents National Representatives and specialist staff in Area and Region Offices across the 10 Regions of CUPE–SCFP. In 2008, CSU absorbed the Administrative and Technical Staff Union which represented about 60 administrative and technical staff at the Ottawa National Office. The Canadian Office and Professional Employees union (COPE) Local 491 represents support staff workers in
4484-547: The 1820 Rising in Scotland, in which 60,000 workers went on a general strike , which was soon crushed. Sympathy for the plight of the workers brought repeal of the acts in 1824, although the Combination Act 1825 restricted their activity to bargaining for wage increases and changes in working hours. By the 1810s, the first labour organizations to bring together workers of divergent occupations were formed. Possibly
4602-509: The Code . In Gay Alliance Toward Equality v Vancouver Sun the court referred to services as "matters such as restaurants, bars, taverns, service stations, public transportation and public utilities". More specifically, in Ontario, determinations of something constituting a "service", "good", or "facility" include: membership on amateur sports teams, police searches of detainees, admission to
4720-905: The European Convention on Human Rights and Fundamental Freedoms . It was stressed that Denmark and Iceland were among a limited number of contracting states that continue to permit the conclusion of closed-shop agreements. The academic literature shows substantial evidence that trade unions reduce economic inequality . The economist Joseph Stiglitz has asserted that, "Strong unions have helped to reduce inequality, whereas weaker unions have made it easier for CEOs , sometimes working with market forces that they have helped shape, to increase it." Evidence indicates that those who are not members of unions also see higher wages. Researchers suggest that unions set industrial norms as firms try to stop further unionization or losing workers to better-paying competitors. The decline in unionization since
4838-570: The GST , privatization , deregulation , and cuts to public services. Under Rose's leadership, CUPE–SCFP was particularly effective in improving pay and working conditions for women. He stepped down in 1991 after eight years, becoming deputy minister of intergovernmental affairs for the Ontario NDP government. In 1991, Judy Darcy followed Rose and became the defining face of CUPE–SCFP. One of Canada's most visible and colourful labour leaders, Darcy
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4956-517: The Industrial Revolution . Trade unions may be composed of individual workers, professionals , past workers , students , apprentices or the unemployed . Trade union density, or the percentage of workers belonging to a trade union, is highest in the Nordic countries . Since the publication of the History of Trade Unionism (1894) by Sidney and Beatrice Webb , the predominant historical view
5074-625: The International Trade Union Confederation . However, in Japan , union organisation is slightly different due to the presence of enterprise unions, i.e. unions that are specific to a plant or company. These enterprise unions, however, join industry-wide federations which in turn are members of Rengo , the Japanese national trade union confederation. In Western Europe , professional associations often carry out
5192-697: The International Transport Workers Federation , the International Federation of Journalists , the International Arts and Entertainment Alliance and Public Services International . Union law varies from country to country, as does the function of unions. For example, German and Dutch unions have played a greater role in management decisions through participation in supervisory boards and co-determination than other countries. Moreover, in
5310-532: The OECD average of 35.9% in 1998 to 27.9% in the year 2018. The main reasons for these developments are a decline in manufacturing , increased globalization , and governmental policies. The decline in manufacturing is the most direct influence, as unions were historically beneficial and prevalent in the sector; for this reason, there may be an increase in developing nations as OECD nations continue to export manufacturing industries to these markets. The second reason
5428-623: The Sherman Antitrust Act . This pool of unskilled and semi-skilled labour spontaneously organized in fits and starts throughout its beginnings, and would later be an important arena for the development of trade unions. Trade unions have sometimes been seen as successors to the guilds of medieval Europe , though the relationship between the two is disputed, as the masters of the guilds employed workers (apprentices and journeymen) who were not allowed to organize. Trade unions and collective bargaining were outlawed from no later than
5546-625: The World Federation of Trade Unions created in 1945. The largest trade union federation in the world is the Brussels -based International Trade Union Confederation (ITUC), created in 2006, which has approximately 309 affiliated organizations in 156 countries and territories, with a combined membership of 166 million. National and regional trade unions organizing in specific industry sectors or occupational groups also form global union federations , such as UNI Global , IndustriALL ,
5664-413: The bargaining power of workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called union dues . The union representatives in the workforce are usually made up of workplace volunteers who are often appointed by members through internal democratic elections. The trade union, through an elected leadership and bargaining committee, bargains with
5782-505: The lunar new year . Companies that employ workers with a union generally operate on one of several models: An EU case concerning Italy stated that, "The principle of trade union freedom in the Italian system implies recognition of the right of the individual not to belong to any trade union ("negative" freedom of association/trade union freedom), and the unlawfulness of discrimination liable to cause harm to non-unionized employees." In
5900-571: The 1960s in the United States has been associated with a pronounced rise in income and wealth inequality and, since 1967, with loss of middle class income. Right-to-work laws have been linked to greater economic inequality in the United States. Ontario Human Rights Tribunal The Ontario Human Rights Code was the first law of its kind in Canada. It took effect on June 15, 1962, bringing together various laws dealing with different kinds of discrimination, and adding some new protections. The Ontario Human Rights Code of 1962 replaced
6018-700: The CUPE–SCFP Constitution, which effectively means that the Representative runs the local for a brief period of time in an extraordinary circumstance and suspends the locally elected officers, usually only in very serious cases of fraud or gross incompetence or misconduct. In addition to servicing National Representatives, CUPE–SCFP National employs Research Representatives and Legal & Legislative Representatives, who provide research and legal support to locals through their servicing representatives. Nationally, there are two full-time political positions:
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#17327795731196136-404: The Code falls to be determined in accordance with the well-established principles applicable to circumstantial evidence cases. In the instant case, as in many circumstantial evidence cases, the determination comes down to whether an inference of racial and/or gender discrimination is more probable than the respondents’ explanation". The tribunal found that the applicant's race and/or gender played
6254-517: The Human Rights Legal Support Centre. The parties can choose to first attempt to resolve the matter through mediation. If the mediation is unsuccessful or if the parties choose not to attempt mediation then a preliminary hearing may be ordered if, for example, there is a question as to whether HRTO has jurisdiction to decide the allegations. A summary hearing may be ordered if there appears to be no reasonable prospect that
6372-577: The National President (currently Mark Hancock ) and the National Secretary-Treasurer (currently Candace Rennick). CUPE–SCFP divisions are the political voice of members in their respective provinces, and an integral part of CUPE–SCFP. Chartered through the national union, each division advocates and campaigns at the provincial level for legislative, policy and political change in the interests of CUPE–SCFP members and
6490-715: The OHRC may take its own cases to the Tribunal or intervene in human rights cases before the Tribunal. The OHRC also develops policies and provides targeted public education, monitors human rights, does research and analysis, and conducts human rights inquiries. The centre offers human rights legal services to individuals who file applications with the Tribunal. Services may include legal assistance in filing applications, providing advice, and legal representation at mediations and hearings. The centre does not provide legal services to respondents and only represents 12% of applicants before
6608-509: The Ontario Human Rights Code alleging that he had been discriminated against in respect of employment because of his race and for reprisal for making a human rights complaint. The applicant raised a complaint about human rights issues with a member of the management of his company. Specifically, he felt that he was being mistreated on the basis of his race, by being disproportionately required to perform menial tasks. These complaints were never investigated, never followed up on, and his employment
6726-492: The Ontario Human Rights Commission. Maclean's magazine was accused of publishing eighteen Islamophobic articles between January 2005 and July 2007. The articles in question included a column by Mark Steyn titled "The Future Belongs to Islam". In April 2008, the OHRC ruled that it did not have jurisdiction to hear the complaint based on the fact that the claim was alleging that the content of
6844-591: The Ontario Human Rights Tribunal, the ultimate standard of proof is the civil standard, which is on a balance of probabilities or "more likely than not". This in comparison to the standard of proof that applies in criminal cases, which is guilt beyond a reasonable doubt. The burden of proof rests on the party making the allegations. As in criminal cases, it is possible to found a finding on significant or wholly circumstantial evidence. In circumstantial cases, well-established principles apply in
6962-423: The Tribunal. Services are prioritized, especially full representation, to clients who are particularly disadvantaged and who would have difficulty navigating the human rights system without assistance. Applicants with unmeritorious cases or who could otherwise afford legal representation are not represented. This administrative tribunal determines whether or not an applicant's rights have been violated. The tribunal
7080-692: The UK and the US ), a cross-section of workers from various trades ( general unionism , traditionally found in Australia, Belgium, Canada, Denmark, Netherlands, the UK and the US), or attempt to organize all workers within a particular industry ( industrial unionism , found in Australia, Canada, Germany, Finland, Norway, South Korea, Sweden, Switzerland, the UK and the US). These unions are often divided into " locals ", and united in national federations . These federations themselves will affiliate with Internationals , such as
7198-552: The United Kingdom, previous to this EU jurisprudence, a series of laws introduced during the 1980s by Margaret Thatcher's government restricted closed and union shops. All agreements requiring a worker to join a union are now illegal. In the United States, the Taft–Hartley Act of 1947 outlawed the closed shop. In 2006, the European Court of Human Rights found Danish closed-shop agreements to be in breach of Article 11 of
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#17327795731197316-514: The United States, collective bargaining is most commonly undertaken by unions directly with employers, whereas in Austria, Denmark, Germany or Sweden, unions most often negotiate with employers associations , a form of sectoral bargaining . Concerning labour market regulation in the EU, Gold (1993) and Hall (1994) have identified three distinct systems of labour market regulation, which also influence
7434-405: The adjudicator will work with them to attempt to resolve the dispute through mediation. If it is not successful, the hearing will proceed with the same adjudicator, who will not consider anything heard or said in the mediation. The adjudicator will hear the evidence of both parties before making a decision. Although the Ontario Human Rights Code says that HRTO's decisions are final and binding on
7552-427: The applicant was terminated for this reason and that the respondents had decided to terminate him rather than address his human rights complaint. Therefore, although Mr. Morgan did not have a claim for discrimination, as there was no evidence to support that the company was in fact treating him in a discriminatory manner, the tribunal found that he did have a claim for reprisal as he was terminated in response to making
7670-443: The application can succeed. Hearings before HRTO are legal proceedings. Within 21 days after receiving the notice of hearing, the parties must provide each other with disclosure, with any documents that are relevant to the application with the other party. No later than 45 days before the hearing date, parties must: Prior to the hearing, the adjudicator will give the parties the option of trying mediation/adjudication. If they agree,
7788-456: The charges upon which she had been arrested resulted in a conviction when she went before a Justice of the Peace . The tribunal noted that "as in many cases alleging racial discrimination, there is no direct evidence that the complainant’s race or colour was a factor in the incident at issue. As a result, the issue of whether the respondents’ actions amount to racial discrimination in violation of
7906-559: The communities they serve. Each provincial division is led by a democratically elected president, secretary-treasurer and executive board, who are directed by members at annual conventions (biennial in Quebec). Provincial organizations do not provide any servicing or support to the locals on specific operational items, focusing primarily on provincial lobbying, policy development and union education. CUPE–SCFP's employees have organized into two main bargaining units. The Canadian Staff Union (CSU)
8024-469: The context of human rights. In a subsequent interview with the National Post , Chief Commissioner Barbara Hall stated that "When the media writes, it should exercise great caution that it's not promoting stereotypes that will adversely impact on identifiable groups. I think one needs to be very careful when one speaks in generalities, that in fact one is speaking factually about all the people in
8142-543: The danger of popular unrest at the time of the Napoleonic Wars . In 1799, the Combination Act was passed, which banned trade unions and collective bargaining by British workers. Although the unions were subject to often severe repression until 1824, they were already widespread in cities such as London . Workplace militancy had also manifested itself as Luddism and had been prominent in struggles such as
8260-444: The democratically elected officers of CUPE–SCFP locals in various aspects of the operation and functioning of the local union. They primarily assist in more complex issues, such as conducting Grievance Arbitrations, bargaining, disability/accommodation issues, human rights, preparation of legal documents, local elections and education. National Representatives also have authority to place a CUPE–SCFP local under administration, pursuant to
8378-518: The doctrines of orthodox Marxism , such as the preference of atheism and from rhetoric suggesting that employees' interests always are in conflict with those of employers. Some of these Christian unions have had some ties to centrist or conservative political movements, and some do not regard strikes as acceptable political means for achieving employees' goals. In Poland , the biggest trade union Solidarity emerged as an anti-communist movement with religious nationalist overtones and today it supports
8496-421: The effect is quite beyond attainment by such means. The multitudes who compose the working class are too numerous and too widely scattered to combine at all, much more to combine effectually. If they could do so, they might doubtless succeed in diminishing the hours of labour, and obtaining the same wages for less work. They would also have a limited power of obtaining, by combination, an increase of general wages at
8614-484: The electoral arms of trade unions. Unions are also delineated by the service model and the organizing model . The service model union focuses more on maintaining worker rights, providing services, and resolving disputes. Alternately, the organizing model typically involves full-time union organizers , who work by building up confidence, strong networks, and leaders within the workforce; and confrontational campaigns involving large numbers of union members. Many unions are
8732-437: The employer on behalf of its members, known as the rank and file, and negotiates labour contracts (collective bargaining agreements) with employers. Unions may organize a particular section of skilled or unskilled workers ( craft unionism ), a cross-section of workers from various trades ( general unionism ), or an attempt to organize all workers within a particular industry ( industrial unionism ). The agreements negotiated by
8850-425: The existence and the demands of the trade unions were becoming accepted by liberal middle-class opinion. In Principles of Political Economy (1871) John Stuart Mill wrote: If it were possible for the working classes, by combining among themselves, to raise or keep up the general rate of wages, it needs hardly be said that this would be a thing not to be punished, but to be welcomed and rejoiced at. Unfortunately
8968-462: The expense of profits. Beyond this claim, Mill also argued that, because individual workers had no basis for assessing the wages for a particular task, labour unions would lead to greater efficiency of the market system. British trade unions were finally legalized in 1872, after a Royal Commission on Trade Unions in 1867 agreed that the establishment of the organizations was to the advantage of both employers and employees. This period also saw
9086-657: The first such union was the General Union of Trades, also known as the Philanthropic Society, founded in 1818 in Manchester . The latter name was to hide the organization's real purpose in a time when trade unions were still illegal. The first attempts at forming a national general union in the United Kingdom were made in the 1820s and 30s. The National Association for the Protection of Labour
9204-664: The five counties of Lancashire , Cheshire , Derbyshire , Nottinghamshire and Leicestershire within a year. To establish awareness and legitimacy, the union started the weekly Voice of the People publication, having the declared intention "to unite the productive classes of the community in one common bond of union." In 1834, the Welsh socialist Robert Owen established the Grand National Consolidated Trades Union . The organization attracted
9322-461: The formation of burial societies among Roman Army soldiers and Roman Navy mariners to the reign of Septimius Severus (193–211) in 198 AD. In September 2011, archaeological investigations done at the site of the artificial harbor Portus in Rome revealed inscriptions in a shipyard constructed during the reign of Trajan (98–117) indicating the existence of a shipbuilders guild. Rome's La Ostia port
9440-423: The functions of a trade union. In these cases, they may be negotiating for white-collar or professional workers, such as physicians, engineers or teachers. In Sweden the white-collar unions have a strong position in collective bargaining where they cooperate with blue-colar unions in setting the "mark" (the industry norm) in negotiations with the employers' association in manufacturing industry. A union may acquire
9558-455: The growth of trade unions in other industrializing countries, especially the United States, Germany and France. In the United States, the first effective nationwide labour organization was the Knights of Labor , in 1869, which began to grow after 1880. Legalization occurred slowly as a result of a series of court decisions. The Federation of Organized Trades and Labor Unions began in 1881 as
9676-677: The human rights context: Due to restructuring in 2008, all applications made after June 30, 2008 are filed with the Ontario Human Rights Tribunal; prior to that date, applications were filed with and heard by the Ontario Human Rights Commission. The Ontario Human Rights Code provides that "[e]very person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability." The terms "service", "good", and "facility" are not defined in
9794-407: The injury to her dignity and self-respect and declined to award any damages for the injuries that she sustained during the arrest as they recognized her role in escalating the incident in that respect. Toronto police spokesperson Mark Pugash argued that the Tribunal's decision eliminated any possible defence against a racial profiling allegation, stating that "this should scare anyone who could be on
9912-465: The magazine, not the magazine's refusal to provide space for a rebuttal, violated their rights, and the Ontario Human Rights Code does not give the Commission jurisdiction to deal with the content of magazine articles. However, the statement released by the commission did raise concerns about the article and the need for discussion and a comprehensive approach to the issue of freedom of expression in
10030-600: The middle of the 14th century, when the Ordinance of Labourers was enacted in the Kingdom of England , but their way of thinking was the one that endured down the centuries, inspiring evolutions and advances in thinking which eventually gave workers more power. As collective bargaining and early worker unions grew with the onset of the Industrial Revolution, the government began to clamp down on what it saw as
10148-450: The narrow boundaries for individual negotiations. As a condition to obtain the legal status of a trade union, employee associations need to prove that their leverage is strong enough to serve as a counterforce in negotiations with employers. If such an employee's association is competing against another union, its leverage may be questioned by unions and then evaluated in labour court. In Germany, only very few professional associations obtained
10266-431: The national, regional and area offices of CUPE–SCFP. Additionally, a handful of CUPE–SCFP Locals have dedicated CUPE–SCFP staff working in their own offices. There is a Canadian Union of Public Employees fond at Library and Archives Canada . The archival reference number is R5440, former archival reference number MG28-I234. The fond covers the date range 1919 to 2009. It contains 105.46 meters of textual records, along with
10384-511: The need to be in a union. The prevalence of labour unions can be measured by "union density", which is expressed as a percentage of the total number of workers in a given location who are trade union members. The table below shows the percentage across OECD members. Source: OECD Unions may organize a particular section of skilled workers ( craft unionism , traditionally found in Australia , Canada, Denmark, Norway, Sweden, Switzerland,
10502-489: The officer was not reasonable in his interaction with Ms. Abbott and that his actions were consistent with a manifestation of racism whereby a "white person in a position of authority has an expectation of docility and compliance from a racialized person, and imposes harsh consequences if that docility and compliance is not provided" and this directly led to the unnecessary arrest and overcharging of Ms. Abbott. The tribunal awarded Ms. Abbott $ 5,000 in damages as compensation for
10620-562: The parties, HRTO may agree to reconsider a final decision if: There is no right as a matter of law to appeal a HRTO decision. However, under limited circumstances, a dissatisfied party may make a request for judicial review to the Ontario Superior Court of Justice . Judicial review will only be granted if the court is satisfied that the decision is unreasonable. This does not mean that the court merely thinks that HRTO could or should have decided differently. In cases before
10738-559: The party after Ed secured the trade union votes. Additionally, in the past, there was a group known as the Conservative Trade Unionists , or CTU, formed of people who sympathized with right wing Tory policy but were Trade Unionists. Historically, the Republic of Korea has regulated collective bargaining by requiring employers to participate, but collective bargaining has only been legal if held in sessions before
10856-467: The power in the grassroots where it belongs; critics believe that it makes it difficult for it to organize concerted action and leaves the union highly balkanized with policies and strategies varying widely from local to local and sector to sector. This decentralized structure is often described as "CUPE–SCFP's greatest strength and its greatest weakness." This political decentralization is mirrored by an organizational decentralization. Although CUPE–SCFP has
10974-408: The practice of serfdom in 1574, but the vast majority of people remained as tenant-farmers on estates owned by the landed aristocracy . This transition was not merely one of relocation from rural to urban environs; rather, the nature of industrial work created a new class of "worker". A farmer worked the land, raised animals and grew crops, and either owned the land or paid rent, but ultimately sold
11092-426: The president of NUPSE. Having led public sector unionism through a period where almost no workers had the right to strike, Little has been credited with bringing public sector unions "from collective begging to collective bargaining." By the time of Little's retirement, CUPE–SCFP had already grown to 210,000 members and had eclipsed United Steelworkers as the largest affiliate to the Canadian Labour Congress . Little
11210-591: The province's existing anti-discrimination legislation, including: The Ontario Human Rights Commission was created to administer the Ontario Human Rights Code . Since June 30, 2008 all new complaints of discrimination are filed with the Human Rights Tribunal of Ontario. However, the OHRC has the right to be informed of all applications before the HRTO and receives copies of all applications and responses. In matters affecting broad public interest,
11328-710: The receipt of public assistance." This right is applicable to emancipated minors. A person also has the right under the Code to be free from harassment by the landlord, agent of the landlord, or an occupant of the same building on any of the above grounds. Discrimination is shown in cases where there is: The Ontario Human Rights Code provides that "[e]very person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability." An employer's refusal to employ
11446-596: The receiving end of such an allegation because it doesn't seem as though you can defend yourself," pointing out the tribunal stated there was "no direct evidence that the complainant's race or colour was a factor in the incident." The Ontario Human Rights Code provides that "[e]very person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or
11564-498: The reduction of wages below the level that is traditionally maintained in the various branches of industry. That is to say, they wish to prevent the price of labour-power from falling below its value" ( Capital V1, 1867, p. 1069). Early socialists also saw trade unions as a way to democratize the workplace, in order to obtain political power. A modern definition by the Australian Bureau of Statistics states that
11682-678: The reign of Hadrian (117–138) of the Roman Empire. A collegium was any association in ancient Rome that acted as a legal entity . Following the passage of the Lex Julia during the reign of Julius Caesar (49–44 BC), and their reaffirmation during the reign of Caesar Augustus (27 BC–14 AD), collegia required the approval of the Roman Senate or the Roman emperor in order to be authorized as legal bodies. Ruins at Lambaesis date
11800-522: The relation between individual employees and employers is considered to be asymmetrical. In consequence, many working conditions are not negotiable due to a strong legal protection of individuals. However, the German flavor or works legislation has as its main objective to create a balance of power between employees organized in unions and employers organized in employers' associations. This allows much wider legal boundaries for collective bargaining, compared to
11918-617: The right to negotiate salaries and working conditions for their members, notably the medical doctor's association Marburger Bund [ de ] and the pilots association Vereinigung Cockpit [ de ] . The engineer's association Verein Deutscher Ingenieure does not strive to act as a union, as it also represents the interests of engineering businesses. Beyond the classification listed above, unions' relations with political parties vary. In many countries unions are tightly bonded, or even share leadership, with
12036-507: The right-wing Law and Justice party. Although their political structure and autonomy varies widely, union leaderships are usually formed through democratic elections . Some research, such as that conducted by the Australian Centre for Industrial Relations Research and Training, argues that unionized workers enjoy better conditions and wages than those who are not unionized. The oldest global trade union organizations include
12154-584: The role that unions play: The United States takes a more laissez-faire approach, setting some minimum standards but leaving most workers' wages and benefits to collective bargaining and market forces. Thus, it comes closest to the above Anglo-Saxon model. Also, the Eastern European countries that have recently entered into the EU come closest to the Anglo-Saxon model. In contrast, in Germany,
12272-1182: The status of a " juristic person " (an artificial legal entity), with a mandate to negotiate with employers for the workers it represents. In such cases, unions have certain legal rights, most importantly the right to engage in collective bargaining with the employer (or employers) over wages, working hours, and other terms and conditions of employment . The inability of the parties to reach an agreement may lead to industrial action , culminating in either strike action or management lockout , or binding arbitration. In extreme cases, violent or illegal activities may develop around these events. In some regions, unions may face active repression, either by governments or by extralegal organizations, with many cases of violence , some having lead to deaths, having been recorded historically. Unions may also engage in broader political or social struggle. Social Unionism encompasses many unions that use their organizational strength to advocate for social policies and legislation favourable to their members or to workers in general. As well, unions in some countries are closely aligned with political parties . Many Labour parties were founded as
12390-444: The trade unions when trying to organize the informal economy. This has been a significant threshold to labour organizing in low-income countries , where the labour force mostly works in the informal economy. In the United Kingdom, the perceived left-leaning nature of trade unions (and their historical close alignment with the Labour Party ) has resulted in the formation of a reactionary right-wing trade union called Solidarity which
12508-464: The tribunal found that this was a clear case of discrimination, specifically racial profiling. Sharon Abbott v Toronto Police Services Board (2009) In June 2007, Sharon Abbott, a newspaper carrier, filed an application under the Ontario Human Rights Code alleging that she had been discriminated against in respect of services because of her race and sex contrary to the Code, with respect to an incident with police that resulted in her arrest. None of
12626-476: The unification of the city-states in Assyria and Sumer by Sargon of Akkad into a single empire c. 2334 BC , a common Mesopotamian standard for length, area, volume, weight, and time used by artisan guilds in each city was promulgated by Naram-Sin of Akkad ( c. 2254 –2218 BC), Sargon's grandson, including for shekels . Codex Hammurabi Law 234 ( c. 1755–1750 BC ) stipulated
12744-485: Was "bigoted". Hancock said that if Hahn does not resign on his own, "that’ll be new ground again for CUPE and me as a national president. I will review options available to me." CUPE–SCFP has an extremely decentralized structure, in which each local elects its own executive, sets its own dues structure, conducts its own bargaining and strike votes, and sends delegates to division and national conventions to form overarching policy. Advocates of this system claim that it places
12862-427: Was a vigorous opponent of privatization , two-tier health care , and free trade agreements. Darcy was firmly committed to the union's involvement in broader social issues, and under her tenure CUPE–SCFP strongly attacked the invasion of Iraq , condemned Canada's involvement in ballistic missile defence , and spoke out loudly in favour of same-sex marriage . Darcy stepped down in 2003 after 12 years as president, and
12980-420: Was awarded $ 20,000 for general damages and mental anguish. Phipps v Toronto Police Services Board (2009) Mr. Phipps filed an application under the Ontario Human Rights Code alleging that he had been discriminated against in respect of services because of his race with regard to an incident with police in 2005. Mr. Phipps was employed by Canada Post and was delivering mail in an affluent neighbourhood. He
13098-405: Was established in 1830 by John Doherty , after an apparently unsuccessful attempt to create a similar national presence with the National Union of Cotton-spinners. The Association quickly enrolled approximately 150 unions, consisting mostly of textile related unions , but also including mechanics, blacksmiths, and various others. Membership rose to between 10,000 and 20,000 individuals spread across
13216-496: Was followed in 1975 by Grace Hartman , a feminist activist who was the first woman to lead a major labour union in North America. Hartman led CUPE–SCFP to involve itself in broader struggles for social justice and equality, and emphasized the role of social unionism , as opposed to the more conservative business unionism practised by many North American unions. She was arrested for leading Ontario hospital workers in defying
13334-447: Was found to have discriminated against Ms. Nassiah when he asked if she spoke English on the basis of her skin colour, used an offensive and profane term to refer to her and threatened to take her to jail, and engaged in a prolonged and heightened investigation whereby Ms. Nassiah was treated with a greater degree of hostility and investigation because she is black, which constituted racial profiling. The commission wrote: "Racial profiling
13452-571: Was founded in 1887 and merged with the Fédération nationale des syndicats (National Federation of Trade Unions) in 1895 to form the General Confederation of Labour . In a number of countries during the 20th century, including in Canada, the United States and the United Kingdom, legislation was passed to provide for the voluntary or statutory recognition of a union by an employer. Union density has been steadily declining from
13570-471: Was home to a guildhall for a corpus naviculariorum , a collegium of merchant mariners. Collegium also included fraternities of Roman priests overseeing ritual sacrifices , practising augury , keeping scriptures, arranging festivals, and maintaining specific religious cults. While a commonly held mistaken view holds modern trade unionism to be a product of Marxism , the earliest modern trade unions predate Marx's Communist Manifesto (1848) by almost
13688-595: Was replaced by Paul Moist . On November 4, 2022, more than 55,000 CUPE–SCFP education workers began an indefinite strike against the Ontario government. Ontario Premier Doug Ford attempted to stop the strike by using the notwithstanding clause , which was criticized by Canadian Prime Minister Justin Trudeau as "wrong and inappropriate." On October 7, 2023, the day Hamas attacked Israel , in which Hamas terrorists killed 1,200 people and took scores captive, Fred Hahn, general vice president of CUPE, tweeted: "Palestine
13806-401: Was terminated a month after he made the complaint, allegedly for cause. The company claimed he was fired for spreading false information. However, at no point did anyone ever speak to the applicant to provide him with an opportunity to address the allegations or instruct him to stop, allegedly, spreading the misinformation. The tribunal found that there was absolutely no evidence to support that
13924-440: Was wearing his uniform jacket, carrying his mail satchel, and delivering regular mail and flyers. He was stopped by police and had his identity checked, the police then proceeded to trail him and check his identity with a homeowner and a white letter carrier. The police did not check the identity or find suspicious any of the other unfamiliar people in the area, all of whom were white. Applying Nassiah v Peel and other jurisprudence,
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