Tag: union

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 […]

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 […]

Employer Groups Fighting Back Against NLRB

Recent actions taken by the National Labor Relations Board (NLRB) have sparked enough anger among employers to prompt a lawsuit, an ad campaign, and support for a bill in Congress that’s seen as a way to curb what one employer group calls a “rogue agency.” The National Association of Manufacturers (NAM) filed a lawsuit on […]

Quebec Employer Not Entitled to Review Employee’s Email to Union

By Antoine Aylwin A month ago, we reported on the Ontario Court of Appeal’s surprising decision in R. v. Cole.  In that decision the Court of Appeal said that a high school teacher was protected against searches on his work computer by the police absent a search warrant. The Court of Appeal based its decision […]

Ohio Joins Wisconsin, Idaho in Passing Union-Curbing Legislation

Another state has secured victory in the battle to balance struggling state budgets by restricting collective bargaining rights for public-sector employees. Ohio Governor John Kasich has approved Senate Bill (SB) 5, a bill that is in some ways more restrictive than the highly publicized and protested Wisconsin bill that passed earlier this year. The bill […]

Ghost of Christmas Past: Firing Union Supporters Can Come Back to Haunt You

By David McDonald Most Canadian employers are familiar with what they can and can’t do when they’re the target of a union-organizing campaign. Labor legislation across Canada prohibits management from terminating or disciplining employees because of trade union affiliation while a union is attempting to gain representational rights. A recent decision from British Columbia, Playtime […]

Employees Fired for Facebook Postings

By Maria Giagilitsis It’s becoming more and more clear that an employee’s use of social networking websites such as Facebook, Twitter, and MySpace may lead to justifiable discipline by an employer. On October 22, 2010, the British Columbia Labour Relations Board released its decision in West Coast Mazda (d.b.a. West Coast Detail & Accessory Centre) […]

NLRB Backs Employee’s Right to Bad-Mouth Supervisor on Facebook

by Jonathan Sterling and James Goodfellow An employer’s blogging and social networking policy that prohibits employees from posting disparaging comments online about coworkers or their employer has been deemed unlawful by the National Labor Relations Board (NLRB). The NLRB recently issued a complaint and notice of hearing against American Medical Response of Connecticut (AMR), an […]

Criminalization of Employment Law: A New Risk for Managers?

by J. Robert Brame, McGuireWoods LLP In the 1990s, there was a growing concern about the “criminalization” of corporate law, in part justified by the passage of the Sarbanes-Oxley Act, which placed real criminal risks on top managers. While Sarbanes-Oxley was no threat to HR managers at first, innovative prosecutors and plaintiffs’ attorneys are changing […]

Management and Employees Shouldn’t Be Enemies

The other day a colleague brought a recent New York Times article to my attention. The headline read, “A Once-Defiant U.A.W. Local Now Focuses on G.M.’s Success.” Excuse my naivete, but why wouldn’t the employees of a company always have been focused on the company’s success? Is there ever an excuse for an employee not […]