by Mikael Maher In a recent arbitration case, Tshiuetin Rail Transportation Inc. v. Steelworkers, Local 7065-75, the arbitrator, Bruno Leclerc, and the Superior Court of Quebec challenged a well-established principle in labor relations, which is that an employer retains managerial rights in the absence of limiting provisions in the collective agreement. In this case, the […]
Tag: collective agreement
by Stéphane Fillion and Romeo Aguilar Perez It is well established in Canada that any legal action whose essential character arises from a collective agreement falls under the exclusive jurisdiction of an arbitrator, not the courts. Clearly, that includes a dispute between a unionized employee and his or her employer. But what if a dispute […]
By Kyla Stott-Jess Over the last month, the Canadian news media has devoted significant time to covering the Jian Ghomeshi scandal. Aside from the celebrity gossip factor, the story has had such staying power because it touches on so many controversial issues—BDSM (Bondage & Discipline / Domination & Submission / Sadism & Masochism), sexual consent, […]
By Lorene Novakowski Following a Canada Industrial Relations Board (CIRB) ruling that an illegal strike had occurred against Canada Post on two dates in November 2010, the corporation sought damages from the union. The issue went before an arbitrator.
By Charles G. Harrison A recent labor arbitration in British Columbia upheld the employers’ policy requiring annual flu vaccinations or masking for their healthcare staff. Coming as it does during flu season, this is a timely decision.
By Marc Rodrigue Under human rights legislation across the country, Canadian employers have a general duty to accommodate employees who are unable to perform their work for a period of time because of illness or disability to the point of undue hardship. This may require an employer to grant an employee a leave of absence […]
By Brian P. Smeenk An interesting series of recent labor tribunal decisions provides lessons about the application of contracting out clauses in union agreements. These cases demonstrate how virtually the same collective agreement requirements can be handled quite differently, with dramatically different outcomes. They also demonstrate that contracting out bargaining unit work in the face […]
By Marc Rodrigue Unionized employees in Canada can’t bring employment claims to court. This is so even where there is no longer any collective agreement in place. So ruled an Ontario court recently in Baker v. Navistar Canada Inc.
By Lindsey Taylor As we have discussed in previous editions, mandatory retirement across Canada is becoming a relic of the past. And employers are beginning to face the ripple effects. One of those ripple effects is benefits entitlement: Can Canadian employees over 65 be excluded from benefits? The answer isn’t clear. As a handful of […]
by Emilie Paquin-Holmested and Dominique Monet The Supreme Court of Canada, in Québec (Procureur général) c. Syndicat de la fonction publique, recently struck down a clause in a collective agreement. The clause in question prevented certain employees from challenging discipline through grievance arbitration. The Court declared the clause void because it contravened a statutory minimum […]