On December 20, 2012, the Supreme Court of Canada granted leave to appeal in the Mounted Police Association case which considered whether RCMP Regulations dealing with consultations between management and officers offended the freedom of association guarantee found in section 2(d) of the Charter. This case is important because it deals with the scope of…
Category: Labour Relations
OLRB Dismisses Related Employer Application Involving an Employer and its Sub-Contractor
A recent decision of the Ontario Labour Relations Board may be of significance to employers who retain sub-contractors on a regular basis. The Board found that York Region and York BRT, an operation which contracted with York Region to provide it with transit services, were not related employers under subsection 1(4) of the Labour Relations…
Activities of a School Board Found to be Construction Activities for the Purposes of the Labour Relations Act
The Court of Appeal for Ontario has upheld a decision of the Divisional Court which found the Ontario Labour Relations Board (“OLRB”) was reasonable in its conclusion that the Greater Essex District School Board (“School Board”) was…
Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter
Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…