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Industrial Relations

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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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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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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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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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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Slaw: A Look at Unionization Rate in Canada in Light of This Year’s Labour Day

This year, Labour Day falls on Monday September 1, 2014. All provinces and territories observe this holiday. Government bodies and agencies as well as many businesses are closed on Labour Day.

 

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Slaw: Quebec bill would require small farms to collectively bargain

Quebec’s new government wants to ensure that all farm workers have the right to unionize and collectively negotiate working conditions with their employers. Minister of Labour Sam Hamad has introduced Bill 8, An Act to amend the Labour Code with respect to certain employees of farming businesses, which would require small farms to let a union represent their employees.

 

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Doctor’s notes: When should an employer ask for one?

Dr. Scott Wooder, president of the Ontario Medical Association, says employers that require doctor’s notes could be unwittingly increasing the spread of germs by unnecessarily sending sick people to doctors’ offices.

 

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Labour Day, Monday, September 2, is the next public (statutory) holiday

Labour Day originates in the labour union movements of the 1800s as a way to celebrate the social and economic advancements and to pay tribute to the driving force of our economy. The history of Labour Day continued to be connected with organized labour. Initially, the first unofficial “Labour Days” in Canada were […]

 

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More fall-out from the Just Us union organizing drive

secondcup-baristas-halifax-union

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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Court of Appeal hints that right to strike may be protected by the Constitution

Last year, the Saskatchewan Court of Queen’s Bench concluded that amendments to the Essential Services Act impeded workers from exercising their fundamental freedom of association, which includes the right to associate and organize, the right to bargain collectively, and the right to strike. Relying on a decision of the International Labour Organization, the Court found that the Act completely and utterly violated section 2(d) of the Canadian Charter of Rights and Freedoms. The Court gave the government one year to amend the legislation, but instead, it appealed the ruling. On April 26, 2013, the Saskatchewan Court of Appeal upheld amendments to the Essential Services Act and ruled that whether or not the Charter protects a right to strike is a matter that should be left to the Supreme Court of Canada to decide.

 

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Slaw: Consolidating labour legislation: Proposed Saskatchewan Employment Act

The new Saskatchewan Employment Act clearly defines the rights and responsibilities of employees, employers and unions… The new Act will improve Saskatchewan’s labour legislation to better protect workers, promote growth and increase accountability

 

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Certification of contract / part-time workers

Earlier this year, the Nova Scotia Labour Board ruled on an application by Local 849 of the International Alliance of Theatrical Stage Employees for certification of some technical workers of Egg Studios. Egg Studios is a television commercial and digital content business. It has applied to Nova Scotia Supreme Court for a judicial review of the decision. A hearing on Egg’s application is not expected to take place until March 6-7, 2013, according to court documents. Egg Studios maintains the labour board erred in law by amending the…

 

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