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bargaining unit

Construction industry certification: Nova Scotia Court of Appeal weighs in

In Nova Scotia, an employer in the construction industry may become certified by a union if the Labour Board is satisfied that the applicant union “has as members in good standing more than fifty percent of the employees in the appropriate unit”.  Accordingly, the definition of the bargaining unit is a significant issue in construction industry certifications because the employees in the unit materially impact whether the certification application is successful.

 

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Drug testing in the workplace -An update

Nobody likes tests. I remember school days when pop quizzes always meant wondering if you remembered everything, or whether what the teacher taught that day you were sick would be on the questions she asked. In today’s workplace, tests are still looked upon as something you wish you could just skip, or avoid altogether. This is especially the case with random drug testing in the workplace.

 

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Arbitrator rules employer presentation not discriminatory or anti-union

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In OPSEU (Brydges et al) and the Ministry of Transportation GSB 2012-1012, Arbitrator Dissanayake dismissed a grievance by a number of Ministry of Transportation employees. The employees alleged that an employer presentation asking them to be happy/content with their wages and benefits and comparing them to poor and starving people in developing countries was both discriminatory under the Ontario Human Rights Code and constituted anti-union discrimination which violated the collective agreement (particularly because of upcoming collective bargaining).

 

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Federal Employees’ Voting Rights Act facilitates union decertification, mandates secret ballot vote-based majority for certification

New legislation in the federal sector will mandate secret ballot vote-based majorities for both the certification, and the decertification of bargaining agents.

 

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Employees’ Voting Rights Act significantly changes federal labour relations

The Employees’ Voting Rights Act (the “EVRA”) significantly changes the way in which unions gain and lose bargaining rights in the federal sector in Canada. Federal labour relations law applies to a variety of sectors including the federal public sector, banking, inter-provincial and international transportation, broadcasting, telecommunications and aeronautics. The EVRA will become effective on June 16, 2015.

 

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More fall-out from the Just Us union organizing drive

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On July 13, 2013, a rally of workers and their supporters from a Second Cup coffee outlet in Halifax was held alleging that management had violated Nova Scotia’s Labour Code. Participants alleged that three employees were fired for backing an attempt to form a union.

 

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Slaw: No continuity of business: Target not the successor employer of Zellers employees

On November 8, 2012, Ritu Mahil, Vice-Chair of the British Columbia Labour Relations Board decided that there was not a continuity between Zellers’ business at the Brentwood Mall in Burnaby, B.C. for its employees to be successively employed by Target in Canada. Although the employees would perform similar jobs at Target stores as they had at Zellers, and the transaction agreement confirmed the transfer of leases, pharmacy records and the brand waiver, these things were not sufficient to conclude that there would be a handover of these employees. As a result, the union’s application under Section 35 of the Labour Relations Code (“Code”) for a declaration that Target is a successor employer to Zellers with respect to the business carried on by Zellers at the Brentwood Mall in Burnaby, B.C.was dismissed.

 

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NS labour board redefines what constitutes an employee and a bargaining unit

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On March 5, 2011, the Nova Scotia Labour Board issued an interim order that could set a precedent across Canada, not just in Nova Scotia. The International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories, and Canada, Local 849 applied to certify contract workers employed on an as-required basis by Egg Films Inc.

 

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