The+Rand+Decision

Facts: A strike of employees of the Ford Motor Company at Windsor, Ontario, called by the UAW (union) was stopped when the union accepted the joint settlement plan of the Dominion and ON governments. The plan called for arbitration by a SCC judge of points which could not be settled by collective bargaining. Rand J was named arbitrator. His award (1946) denied union shop but provided for a new form of union security and the compulsory payment of union dues from the wages of all workers under the agreement regardless of whether they were members. It imposed penalties on individuals in case of “wildcat strikes” and against the union in the advent of a strike called without a secret ballot of all employees. -This case is unusual in that there is no assertion of a legal right but rather a contest of extra-legal relations and interests which must be resolved by the factors resting on the exercise of economic power (that has private property as its dynamic) -industry is seen as part of the economic and social order and any disturbance has repercussions on diverse interests -we have the institution of private property and in industry, capital must in the long run be looked upon as occupying a dominant position - “the predominance of capital against individual labour is unquestionable” -organized labour is there to redress the balance of what is called social justice -we must go forward based on last century of labour-employer relations -our law now provides for the right of workers to organize. “The question is whether the remaining controversies are to be settled in the mode of war or reason.” // The Particular Problem // -certain actions taken during the strike were extraordinary: picketing was carried on illegally – ie the resistance to the preservation of plan property, exasperation and provocation -unions must be responsible -**union security** is security in the maintenance of the strength and integrity of the union (disruptive forces can come from the Company *forbidden by law* or from other competing labour organizations *not present* or from a lack of force within the employee body) -what is asked for in this case is a union shop with a check-off. A **union shop** permits the employer to engage employees at large but requires that within a stated time after engagement they join the union or are dismissed. The **check-off** is having the employer deduct from wages the amount of union dues payable by an employee member. -Rand is unwilling to award a union shop. It would subject the Company’s interest in individual employees and their tenure of service to strife and it would deny the individual Canadian the right to work independently of personal association with any organized group. An economic danger would be posed to the individual in society -it is equitable that all employees should share their portion of the burden of expense for administering the law of their employment – the union contract. -the obligation to pay dues should induce membership which will in turn promote interest and control within the union // The Award // -The award is a compulsory check-off upon all employees who come within the unit to which the agreement applies which shall continue for the duration of the contract -The deduction shall be made only in the conditions and circumstances laid down by the constitution and by the by-laws of the Union -the object is to permit the union to function properly -The check-off is subject to a number of conditions: 1. No strike shall be called by the union before a vote by secret ballot supervised by a govt official. 2. The union shall repudiate any strike by any employees that was not called by the union. 3. Any employees participating in an unauthorized strike shall be liable to a fine of $3 per day for every day’s absence and to one year’s seniority for every continuous absence for a calendar week 4. Should the union violate this provision for union security by declaring a strike otherwise than as authorized by ballot or fail to repudiate an unauthorized strike, it shall be liable to a suspension of the check-off (penalty at the discretion of the Company) …
 * The **** Rand **** Decision (1946), [1996] **** 1 C **** .L.L.R. 1356 **
 * Reasoning : **