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Collective Bargaining

Why is domestic violence more often becoming a workplace responsibility?

domestic-violence

It is understood that domestic violence has been known to effect employees at work in a number of ways; a recent study shows that the problem is widespread.

 

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Back-to-work postal legislation found in violation of Charter rights

Justice Firestone of the Ontario Superior Court recently decided that back–to–work legislation introduced in 2011 aimed at striking postal workers from the Canadian Union of Postal Workers was an unjustified violation of the Union’s rights to freedom of association and expression under the Canadian Charter of Rights and Freedoms. As a result, the judge retroactively declared the legislation of no force or effect.

 

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Labour Day: Monday, September 5, national statutory holiday in Canada

Across Canada, Labour Day is a statutory (public) holiday that is observed on the first Monday in September. This year, Labour Day is September 5. Typically, employees are given Labour Day off with regular pay or public holiday pay (depending on the province or territory of employment). In the event employees are required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (again, this depends on the province or territory of employment).

 

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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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Saskatchewan government’s do-over: another version of essential services legislation proposed

Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015, proposes a new Part VII in the Employment Act, entitled Essential Services. The Bill is currently in third reading.

 

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Labour Day, national public holiday in Canada

This year, Labour Day falls on Monday September 7, 2015. All provinces and territories in Canada observe this public holiday. Government bodies and agencies as well as many businesses are closed on Labour Day.

 

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SCC constitutionalizes the right to strike for unionized employees

In a surprising move, the Supreme Court of Canada overturned its own precedent and found that the right to strike was protected under the Charter.

 

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‘Obey now, grieve later’ principle applies to management

In recent unreported arbitration decision, the arbitrator confirmed that an “obey now, grieve later” rule applies to management in some cases.

 

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Slaw: Supreme Court confirms right to strike constitutionally protected

The Supreme Court of Canada in Saskatchewan Federation of Labour v Saskatchewan confirmed once and for all that the right to strike is protected under the Canadian Charter of Rights and Freedoms.

 

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SCC orders parliament to reconsider RCMP labour relations

Until last Friday, the Royal Canadian Mounted Police was Canada’s only police force that was legislatively prohibited from unionizing. On January 16, 2015, the Supreme Court of Canada ruled…

 

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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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Update: BC teachers accept deal with the province

Well it seems there will not be any need for back-to-work legislation to end the longest province-wide strike in the history of the British Columbia Teachers’ Federation.

 

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Update on BC teachers’ strike: historic deal a possibility

It has been a long road, but the British Columbia Teachers’ Federation and the provincial government have just reached a tentative six-year deal. The union has encouraged its members to accept it.

 

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Surreptitious tape recording of bargaining negotiations not admitted into evidence

The issue in this case was whether a surreptitious tape recording of bargaining negotiations was allowed to be admitted into evidence.

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with the recent federal budget legislation that passed third reading in the house of commons; how the use of prescribed marijuana by employees creates new questions for Canadian employers; and managing performance issues to avoid constructive dismissal claims.

 

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