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Industrial Relations

Certifying Canada’s national sport, the next generation

The Canadian Hockey League Players’ Association has applied to seek certification as a bargaining agent for the Cape Breton Screaming Eagles players. It criticizes the working standards for the junior players including alleged violations of labour, pension and employment rules and states that it is looking for minimum wage for the teams.


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Expect application for leave to appeal to Supreme Court of Canada in Air Canada mandatory retirement case

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.


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Air Canada’s final offer to pilots had a questionable provision regarding mandatory retirement

As I mentioned recently, the arbitrator favoured Air Canada’s final offer to its pilots to resolve the labour dispute – the collective agreement will be effective until April, 2016.


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Arbitrator favours Air Canada’s final offer to pilots in labour dispute

On July 30, 2012, the federal arbitrator made a decision which ends the labour dispute between Air Canada and its pilots: a five-year collective agreement effective until April 2016.


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

international alliance of theatrical stage employees logo

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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More news on Air Canada: pilots challenge the back-to-work legislation

The Air Canada pre-emptive back-to-work legislation saga continues. Now the pilots have challenged the pre-emptive back-to-work legislation in court arguing that it prevents strikes or lockouts, forces the pilots to keep flying, and coerces the pilots to accept a contract imposed by arbitration in a process that is completely skewed given it was designed to favour the airline’s position…


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Air Canada pre-emptive back-to-work Bill

On March 14, 2012, Bill C-33, An Act to Provide for the Continuation and Resumption of Air Service Operations, received third reading in the House of Commons. The goal of the Bill is to require continued service, prohibit strikes and lockouts, extend the previous collective agreement and create a final offer selection scheme to force the parties (the employer and the two unions for the pilots and support staff) to settle their dispute.


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Does essential services legislation violate Charter rights?

After examining Canada’s international labour obligations, Saskatchewan’s Court of Queen’s Bench, has confirmed that section 2(d) of the Charter (the freedom to associate) includes the right to strike. This is something the courts have historically refused to admit in their decisions.


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Slaw: Why I was compelled to watch ‘Pan Am’

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.


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Labour Day, a public holiday

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).


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