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Labour Relations Board

BC Labour Relations Board waters down Irving Pulp

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Employers are still wrestling with the consequences of the Supreme Court’s landmark decision on the random drug and alcohol testing of employees in Irving Pulp. While the initial reaction from arbitrators appears to suggest that Irving Pulp made the likelihood of such a program surviving a challenge minimal, a decision out of the British Columbia Labour Relations Board indicates that there may still be room in Canada for these sorts of programs.

 

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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 Alberta’s compassionate care leave; a reprisal claim for allegation of harassment under OHSA; and accumulated unused sick leave payout.

 

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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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Aiming for the sky: Unions in Canada

What would your company do if faced with a union organizing drive like WestJet? WestJet has been targeted by CUPE to sign up its 2800 or so flight attendants to the union. It is understandable that the union is going after WestJet at this time. With its recent growth and upcoming changes the company is more vulnerable than it was in its roots as a more local, smaller and “family of owners” incarnation. This union organizing drive will be closely watched by union supporters, companies and politic.

 

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Just Us Coffee Co-op – Balancing fair trade and worker rights

On Sunday, April 28, 2013, there was a demonstration outside the Just Us Coffee’s office in Grand Pré to support two former employees of an outlet in Halifax, Nova Scotia, who claim that the fair trade company fired them for attempting to organize their co-workers.

 

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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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Sweeping occupational health and safety bill passes in Ontario – impact on employers

The Ontario Legislative Assembly passed Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011 by a vote of 79–0. Most provisions of the Bill will take effect when it receives royal assent sometime in June. However, some sections will take effect on either April 1, 2012, or a date set by the lieutenant-governor, whichever is earlier.

 

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Nova Scotia unified labour board

I recently read about a Bill coming out of Nova Scotia that proposes to merge a number of official forums involving employment and labour relations into one Labour Board, to simplify how workplace disputes are handled, and to establish a committee to keep labour relations laws relevant.

 

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Slaw: Employees fired for Facebook comments

The British Columbia Labour Relations Board recently upheld the firing of two employees by a car dealership over comments they posted on Facebook about their employer. The lawyer for the employer stated that he believes this is the first Facebook firing case to be heard in Canada.

 

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Interprovincial labour mobility in the unionized construction sector

I recently received in my mailbox the July/August 2010 issue of Inside HRA from First Reference. It deals with interprovincial labour mobility. It’s an interesting read for anyone who works in human resources across interprovincial boundaries. Although we often take for granted that citizens may live and work in any part of Canada they please, there are often unforeseen problems. Some of these problems can be quite challenging for an employer.

 

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