Tag: Collective Bargaining

Freedom of expression during collective bargaining: What are the limits?

by Stéphane Fillion and Laïla Tremblay In Canada, many cases have considered and limited an employer’s freedom of expression during collective bargaining. But what about the freedom of expression of the employees during that period? Is it similarly limited? In Québec (Procureure Générale) v. Commission des relations du travail, division des relations du travail (available […]

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Blurred lines: Managers may have right to bargain collectively

by Valérie Gareau-Dalpé In several jurisdictions across Canada, the issue of unionization of managers and supervisors is a thorny one. In many cases, unionization is restricted to “employees,” a definition from which managers are excluded. In the province of Québec, the exclusion is based partly on the potential for conflicts of interest in having managers […]

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Strangers at the table: Employers may need to accept observers in collective bargaining

by David McDonald In Canada, collective agreements are generally accessible to the public. Canadian jurisdictions provide mechanisms to file collective agreements with government authorities, and it is not uncommon for the union or the employer to post their agreement on the web. However, the process of bargaining itself is private and typically carefully guarded by […]

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‘No good deed’ for Microsoft, others in the high-tech sector

by Leslie E. Silverman There is a common refrain uttered by management lawyers, “No good deed goes unpunished.” Yes, it is cynical, but as employers in the high-tech sector are beginning to discover, it is often true. Currently, Microsoft is dealing with issues as a result of well-intended diversity and corporate social responsibility efforts.  Social […]

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Ontario court finds government’s ‘intransigent’ bargaining strategy unconstitutional

by Chris Pigott In 2015, we reported on the Supreme Court of Canada’s “New Labour Trilogy”—three landmark constitutional law decisions from January 2015 that called into question basic aspects of Canadian labor law. Those decisions sparked a massive debate in the labor law community as to whether Canadian workers had a brand new set of […]

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DOL’s new “persuader rule” limits employers’ ability to fight union organizing

A new rule scheduled to take effect April 25 is seen as placing new limits on employer efforts to fight union organizing drives. The U.S. Department of Labor (DOL) has announced that it will publish its new “persuader rule” in the March 24 Federal Register. The DOL maintains that the new rule, which requires more […]

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Supreme Court of Canada reshapes labor law (again)

by John D.R. Craig, Christopher D. Pigott, and Brandon Wiebe In the January 2015 decision of the Supreme Court of Canada in Saskatchewan Federation of Labour (SFL), the Court found, for the first time, that Canadian workers have a constitutional “right to strike.” In reaching this conclusion, the Supreme Court overturned almost 30 years of […]

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Voters to decide on Anchorage collective bargaining ordinance

by Tom Daniel When voters in Anchorage go to the polls in November, they will decide the fate of a local ordinance that reins in the collective bargaining rights of municipal employees. A referendum to repeal the local ordinance known as the Responsible Labor Act will be part of the November 4 ballot. The ordinance, […]

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Wisconsin Budget Bill Takes Tough Stance on Unions, Public Retirement Funds

By Troy D. Thompson On February 11, Wisconsin Governor Scott Walker released details of his budget repair bill, a highly publicized measure directed at addressing the state’s budget crisis. Regardless of one’s political bent, there is no question that the bill, if adopted, will significantly change the landscape of public-sector employment in Wisconsin. The bill […]

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