Unions
May 21, 2013 Christina Catenacci Employee Relations, Human Resources, Human Rights, Union Relations,
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.
canadian charter of rights and freedoms, Charter, Constitution, Constitutional right to strike, Court of Appeal, essential services, Essential Services Act, freedom of association, ILO, Industrial Relations, International Labour Organization, international obligations, Labour Law, Labour Trilogy, Public Service Essential Services Act, right to associate and organize, right to bargain collectively, right to strike, Saskatchewan Court of Queen's Bench, Saskatchewan Federation of Labour, societal and jurisprudential changes, strike, Striking workers, Supreme Court of Canada, Trade Union Amendment Act, union, Unions
November 22, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Union Relations,
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.
bargaining unit, Business, Business continuity, collective agreement, Collective Bargaining, continuity of business, employment law, grievance, Labour Law, Labour Relations Board, Labour Relations Code, Mergers and acquisitions, purchasing employer, selling employer, successor employer, Target, transfer of all or part of a business, union, Unions, Zellers
October 22, 2012 Amery Boyer Human Resources, Union Relations,
The International Alliance of Theatrical Stage Employees’ successful application for certification by the Nova Scotia Labour Board basically creates a new classification of worker, according to the president of Egg Films Inc. It is a classification composed of technicians employed on a casual basis for particular productions. Egg Films may ask the Nova Scotia Supreme Court for a judicial review.
Bargainning unit, certification, classification of worker, Collective Bargaining, Film industry, Labour Law, Nova Scotia Labour Board, union, unionized workplaces, Unions
September 27, 2012 Amery Boyer Employee Relations, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations,
On July 9, 2012, the Nova Scotia Labour Board filed an interim order certifying Communications, Energy and Paperworkers Union, Local 972, the combination of three previously separate bargaining units, namely the Mill Division, Clerical Division and the Woodlands Division, as the bargaining unit for employees of the NewPage pulp and paper plant in Port Hawkesbury NS.
bargaining units, collective agreement, collective agreements, Collective Bargaining, employment, employment contract, HR issues, Jobs, Labour Law, Nova Scotia Labour Board, productivity, union, union certification, Union negociations, unionized workplaces, Unions
August 24, 2012 Christina Catenacci Human Resources, Human Rights, Union Relations,
Since the Federal Court of Appeal upheld the mandatory retirement practice for Air Canada pilots, some developments have taken place. First, in the primary Vilven and Kelly case, there will likely be an application filed to obtain leave to appeal to the Supreme Court of Canada regarding the constitutionality of section 15(1)(c) of the Canadian Human Rights Act.
bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Charter, discrimination, federal court of appeal, Industrial Relations, judicial reviews, Labour Law, leave to appeal, mandatory retirement, mandatory retirement practice, motions, noraml age of retirement, Supreme Court of Canada, Thwaites et al, union, Unions, Vilven and Kelly
June 28, 2012 Amery Boyer Human Resources, Union Relations,
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.
bargaining unit, Collective Bargaining, Egg Films, employment law, Industrial Relations, labour board, Labour Law, Nova Scotia, union, union certification, unionized construction sector, unionized film industry, unionized workplaces, Unions
September 29, 2011 Yosie Saint-Cyr Employee Relations, Human Resources, Human Rights, Union Relations
Why I was compelled to watch the television show Pan Am? To see if they would accurately portray the workplace culture of the 1960’s, which I have heard about and find very intriguing. In addition, with the recent Air Canada labour troubles on my mind, the show seemed a propos.
Air Canada, employment law, Industrial Relations, Labour Law, Unions, workplace culture
September 2, 2011 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Union Relations
Labour Day in Canada is celebrated with a variety of events, festivals, parades and end of summer beach picnics. This year Labour Day lands on Monday September 5, 2011. Employees get a day off with regular pay or public holiday pay (depending on the province or territory of employment).
Canada's labour movement, employment law, Industrial Relations, Labour Day, Labour Law, Labour union movements, Public Holiday, Statutory Holiday, Union dues, union membership, Unions
May 6, 2011 Christina Catenacci Employment/Labour Standards, Human Resources
The Supreme Court of Canada has finally released its decision in Ontario (A.G.) v. Fraser affecting the working lives of agricultural workers in Ontario. The decision demonstrates just how divided opinions are on the question of limiting workers’ freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms, particularly restricting unionization and collective bargaining.
Agricultural Employees Protection Act, Agricultural sector, agricultural workers, canadian charter of rights and freedoms, Collective Bargaining, employment law, equality, Farming, Farms, freedom of association, good faith negotiation, Labour Law, labour relations, Labour Relations Act, ontario, Supreme Court of Canada, Unions
Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
