the OLRA reinforced their marginalization by removing their one venue
administrative framework contained in the OLRA was reversed.
The other fundamental aspect of the OLRA lies in section 5, which simply states that "[e]very person is free to join a trade union of the person's own choice and to participate in its lawful activities." (38) Labour law casebooks no longer spend much time contrasting this simple articulation of a freedom with the complex matrix of legal rules that existed just prior to the statute.
However, because this case is said to concern section 2(d) and not section 15, the remedy provided was to not include the complainants in the OLRA despite the fact that their exclusion from this act formed the basis of their claim.
There is no direct link between the three constitutional words "freedom of association" and the thousands of words in, for example, the OLRA (supra note 28).
IN 1957, THE ONTARIO DIVISION of the Canadian Manufacturers' Association (CMA) criticized the Ontario Labour Relations Act (OLRA) because it "was designed to help and protect trade unions in the days when they were small and relatively weak [and] whatever basis of fact there may have been for the old-time picture of the trade union as a wholly idealistic organization of downtrodden workers....
The province's trade unions countered these arguments by suggesting that the OLRA erected barriers to unionization and needed to be reformed.
Yet, in examining the politics surrounding the OLRA between 1949 and 1961, this claim is difficult to sustain.
First, it gave an expansive interpretation to section 48(12)(j) of the OLRA
. If rejected the "moderate" view that the section permitted arbitrators to apply human rights codes only in cases where they already had jurisdiction, in favour of the "radical" view that arbitrators could address workplace human rights complaints regardless of whether they were otherwise linked to provisions of the collective agreement.
The OLRA defines a trade union as an organization of employees formed for the "regulation of relations between employees and employers".
Workers who associate through means other than a trade union fall outside of the OLRA's standard unfair labour practice provisions that protect against employer reprisals.