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Effect given to the recommendations of the committee and the Governing Body - Report No 330, March 2003

Case No 1951 (Canada) - Complaint date: 02-FEB-98 - Closed

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Effect given to the recommendations of the Committee and the Governing Body

Effect given to the recommendations of the Committee and the Governing Body
  1. 32. The Committee has been called on several occasions to examine this case, which dealt with a piece of legislation (Bill No. 160) that prevented school principals and vice-principals from forming and joining organizations of their own choosing. Other issues raised were proper consultations with unions on changes brought to existing collective bargaining structures and on the consequences of educational policy on the conditions of employment of workers concerned. When it last examined this case at its March 2002 session, the Committee called the attention of the Government on the implications of the Supreme Court decision in the Dunmore case and requested it, once again, to amend Bill No. 160 [see 327th Report, paras. 33-35].
  2. 33. In its communication of 3 October 2002, the Government briefly states that it maintains its position, which Canadian courts have consistently upheld, and that no legislative amendments are planned or envisaged in this respect.
  3. 34. The Committee notes with regret that no progress whatsoever could be achieved in this matter. It recalls that, while it may be appropriate to provide, for example, that school principals and vice-principals should not be included in the same bargaining units as teachers, they should nevertheless have the right to form and join organizations of their own choosing, have access to collective bargaining, and enjoy effective protection from anti-union discrimination and employer interference. The Committee strongly urges the Government, once again, to amend Bill No. 160 along these lines and to keep it informed of developments.
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