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Federal Mediation And Conciliation Service (Canada)
The Federal Mediation and Conciliation Service (FMCS) is a Canadian government service under the Department of Human Resources and Skills Development Canada. FMCS is responsible for providing dispute resolution and dispute prevention assistance to trade unions and employers under the federal jurisdiction of the Canada Labour Code. FMCS provides conciliation and mediation assistance to parties engaged in collective bargaining and offers an extensive range of preventive mediation and grievance A grievance () is a wrong or hardship suffered, real or supposed, which forms legitimate grounds of complaint. In the past, the word meant the infliction or cause of hardship. See also * Complaint system * Harm Harm is a morality, moral and ... mediation services aimed at resolving differences and improving industrial relations during the closed period of a collective agreement. External linksFederal Mediation and Conciliation Service website Federal departments and agencies of Can ...
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Canadian Government
The Government of Canada (), formally His Majesty's Government (), is the body responsible for the federal administration of Canada. The term ''Government of Canada'' refers specifically to the executive, which includes ministers of the Crown (together in the Cabinet) and the federal civil service (whom the Cabinet direct); it is corporately branded as the ''Government of Canada''. There are over 100 departments and agencies, as well as over 300,000 persons employed in the Government of Canada. These institutions carry out the programs and enforce the laws established by the Parliament of Canada. The federal government's organization and structure was established at Confederation, through the ''Constitution Act, 1867'', wherein the Canadian Crown acts as the core, or "the most basic building block", of its Westminster-style parliamentary democracy. The monarch, is head of state and is personally represented by a governor general (currently Mary Simon). The prime ministe ...
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Government Service
A public service or service of general (economic) interest is any service intended to address the needs of aggregate members of a community, whether provided directly by a public sector agency, via public financing available to private businesses or voluntary organisations, or by private businesses subject to government regulation. Some public services are provided on behalf of a government's residents or in the interest of its citizens. The term is associated with a social consensus (usually expressed through democratic elections) that certain services should be available to all, regardless of income, physical ability or mental acuity. Examples of such services include the fire services, police, air force, paramedics and public service broadcasting. Even where public services are neither publicly provided nor publicly financed, they are usually subject to regulation beyond that applying to most economic sectors for social and political reasons. Public policy, when made in ...
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Employment And Social Development Canada
Employment and Social Development Canada (ESDC; ; )''Employment and Social Development Canada'' is the applied title under the Federal Identity Program; the legal title is Department of Employment and Social Development (). is a department of the Government of Canada responsible for social programs and the labour market at the federal level. The department delivers a number of federal government programs and services including Employment Insurance (EI), Service Canada centres, Canada Student Loan Program (CSLP), Canada Pension Plan (CPP), issuing social insurance numbers (SIN) and the federal Labour Program among other things. Employment and Social Development Canada is part of the membership of the Inter-American Conference on Social Security, a technical and specialized international organization, which has the objective of promoting the development of social protection and security in America. History Background The Department of Human Resources and Skills Develo ...
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Dispute Resolution
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term ''dispute resolution'' is '' conflict resolution'' through legal means. Prominent venues for dispute settlement in international law include the International Court of Justice (formerly the Permanent Court of International Justice); the United Nations Human Rights Committee (which operates under the ICCPR) and European Court of Human Rights; the Panels and Appellate Body of the World Trade Organization; and the International Tribunal for the Law of the Sea. Half of all international agreements include a dispute settlement mechanism. States are also known to form their own arbitration tribunals to settle disputes. Prominent private international courts, which adjudicate disputes between commercial private entities, include the International Court of Arbitration (of the International Chamber of Commerce) and the London Court of International Arbitration. Methods Met ...
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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 Employee benefits, benefits, improving Work (human activity), 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 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 the employer on behalf of its members, known as t ...
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Employer
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by employment laws, organization or legal contracts. Employees and employers An employee contributes labour and expertise ...
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Canada Labour Code
The ''Canada Labour Code'' () is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards. Generally speaking, the Code only applies to those industries in which the federal government has jurisdiction instead of the provinces. These industries include: broadcasting, telecommunications, chartered banks, postal service, airports and air transportation, shipping and navigation, interprovincial or international transportation (i.e., road, railway, ferry or pipeline). It also applies to businesses in the Territories, on First Nations reserves, and certain Crown Corporations. It also applies to the Royal Canadian Mounted Police (RCMP) and the military, and those covered under the (now repealed) ''Public Service Staff Relations Act (RS 1985, c. P-35)'' or its successor ''Public Service Modernization Act ...
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Conciliation
Conciliation is an alternative dispute resolution process whereby the parties to a dispute rely on a neutral third-party known as the conciliator, to assist them in solving their dispute. The conciliator, who may meet with the parties both separately and together, does this by; lowering tensions, improving communication, interpreting issues, and assisting parties in finding a mutually acceptable outcome. Unlike litigation or arbitration Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ..., conciliation is a voluntary, confidential, and flexible method aimed at resolving conflicts without the need for formal legal proceedings. The conciliation process has no legal standing and the decision made by the conciliator is not binding. The conciliator usually has no authority to seek evid ...
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Mediation
Mediation is a structured, voluntary process for resolving disputes, facilitated by a neutral third party known as the mediator. It is a structured, interactive process where an independent third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to participate in the process actively. Mediation is "party-centered," focusing on the needs, interests, and concerns of the individuals involved, rather than imposing a solution from an external authority. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. Mediation can take different forms, depending on the mediator's approach. In facilitative mediation, the mediator assists parties by fostering communication and helping them understand each other's viewpoints. In evaluative mediation, the mediator may a ...
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Collective Bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and labour rights, rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a Labor and employment law, labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, Grievance (labour), grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security. The union may negotiate with a single employer (who is typically representing a company's s ...
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Grievance (labour)
A grievance is a formal complaint that is raised by an employee towards an employer within the workplace. There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination. According to Sean C. Doyle, in his work titled, ''The Grievance Procedure: The Heart of the Collective Agreement'', the grievance process takes on certain secondary roles in countries such as Canada, United States and the United Kingdom that can include, but are not limited to, "a mechanism for the extension of the relationship between the parties, a union tactic to pressure management for strategic purposes, a diagnostic device to uncover underlying problems in the workplace, a mechanism for individual employees o ...
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