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This essay attempts to put forward a research agenda for properly evaluating the changing nature of unions’ human rights representational obligations since Weber. I begin by investigating two legal questions: first, whether unions are held to a more stringent duty of fair representation (DFR) standard in regards to members’ discrimination grievances than prior to Weber and Parry Sound, and second, whether there has been a broadening of the concept of union discrimination under human rights codes, such that unions may be held liable for failing to bring forward discrimination grievances. With the legal picture in place, I then set out a series of empirical questions that need further research to properly assess whether, and to what extent, Weber and Parry Sound have altered unions’ human rights obligations in the administration of collective agreements, and more generally, their approaches to dealing with human rights issues in the workplace. The essay intentionally raises more questions than it answers, with the objective of provoking further research on important issues regarding labour law in action.
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"This volume brings together leading scholars, practitioners, and jurists who have written chapters in tribute to the Honourable Marc Rosenberg's legal and ethical contributions to the administration of justice. Inspired by his work as a teacher, a lawyer, and a judge, the contributors reflect on key trends and contemporary issues in jurisprudence, legal education, the administration of justice, and legal ethics. The contributors examine topics including wrongful convictions, social justice and the criminal law, the role of the judge and lawyer, challenges facing the law of evidence, the past and future of Charter justice, and the function of legal education in contributing to the administration of justice in Canada and abroad. The book is, thus, both a tribute to the life, work, and contributions of Marc Rosenberg, and an indispensable resource for all those concerned with the ways in which we seek justice in and through the law."
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This collection brings together a diverse array of scholars to analyse the issues and points of tension that have marked Sri Lanka’s uncertain peace.
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