Tag: union

joint employer

NLRB Vacates Employer-Friendly Joint-Employment Decision

When the National Labor Relations Board (NLRB) issued a decision on joint employment on December 14, 2017, many employers breathed a sigh of relief as the Board reinstated an old employer-friendly standard on what’s considered joint employment. But now employers find themselves once again judged by the previous, less friendly standard after the NLRB took […]

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Phoning it in: Termination appropriate for employee who called in ‘sick’

By Hannah Roskey Determining the legitimacy of an employee’s illness is a tricky situation for employers across Canada. The Alberta Court of Queen’s Bench recently took a firm stance on the abuse of sick leave and found in favor of the employer in Telus Communications Inc. v. Telecommunications Workers’ Union. Telus was correct in firing […]

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Lack of trust was the main ingredient in Hostess’ demise

by Dan Oswald It’s a sad day for me. Hostess Brands, the maker of Twinkies, Ho-Hos, and Ding Dongs, is going out of business. While my midsection may not look like it, I haven’t had a Twinkie—or any other Hostess product, for that matter—in more than 30 years. But I hate to see them go. […]

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Alleged Harasser Sidelined during Arbitration

By Frederic Parisien Workplace harassment, at the onset, involves two players — the harasser and the harassee. A third party is added once a complaint is filed — the employer. And a fourth player, the union, is added if that complaint is a grievance. To what extent does the alleged harasser continue to be a […]

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Duty to Accommodate Disabilities Takes New Turn in Canada

By Donna Gallant Employers are regularly called upon to modify the workplace or job duties in order to accommodate disabilities. But personal assistive bodily devices haven’t traditionally been part of the accommodation discussion in Canada. This may now be changing, according to a recent arbitration decision. Teacher requires hearing aids A teacher struggled with a […]

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NLRB’s Disputed Poster Rule Delayed Again

The National Labor Relations Board (NLRB) is again delaying implementation of its rule requiring most employers to display a poster explaining employee rights under the National Labor Relations Act. The delay comes at the request of the federal court in Washington, D.C., that is hearing a legal challenge regarding the rule. The new implementation date […]

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Labor Arbitrators Have More Scope than Courts, Supreme Court Says

By Brian P. Smeenk Canadian labor arbitrators are not legally bound to court-made legal rules. Rules of evidence, for example, are more relaxed. Rules of contract interpretation may also vary. But just how far arbitrators can deviate from general rules of law has been an open question. A recent decision by the Supreme Court of […]

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Union-Limiting Law Goes Down in Ohio

Ohio Governor John Kasich says he’s taking “a deep breath” after voters overwhelmingly rejected a state law he supported placing limits on collective bargaining for government workers. Union supporters are praising the vote that rejected Senate Bill 5, a law that would have prohibited strikes by public-sector unions, ended binding arbitration, stopped promotions based totally […]

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