The Wagner model is a legislated labour regime of collective bargaining with several distinctive features. A single, exclusive bargaining agent is recognized for employees in a “bargaining unit” through a certification application to an independent labour board. To protect employees engaged in collective activities from employer interference or reprisal, employers are prohibited from using “unfair labour practices”. Employers are required to recognize and bargain in good faith with the employees' bargaining agent, who in turn must bargain in good faith with the employer. Finally, disputes that occur during the life of a collective agreement must be dealt with by arbitration rather than strike or lock-out.
“Majoritarianism/exclusivity” is a fundamental principle of the Wagner model. Majoritarianism/exclusivity means that the association supported by the majority of employees in the bargaining unit has the exclusive right to bargain on behalf of all employees in the unit.
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It is an important feature of the Wagner model that the employees' bargaining representative be structurally autonomous and independent of the employer.
Mounted Police Assn. of Ontario / Assoc. de la Police Montée de l'Ontario v. Canada (Attorney General)
2012 CarswellOnt 6781 |
Ontario Court of Appeal