Practice Area: Labour Relations

Arbitrator’s Remedy Includes Waiver of Sunset Provision

· 3 min read

In Canadian Office & Professional Employees Union, Local 529 v Nipissing-Parry Sound Catholic District School Board, Arbitrator Jesin provided an interesting alternative to a simple “reinstatement without compensation” order, one that reflected the concerns of both the school board and the union. In this case, an educational assistant (“EA”) was dealing with a kindergarten student…

Privacy Rights vs. Union’s Duty to Represent its Membership: The Bernard Case Concludes

· 5 min read

The Supreme Court of Canada dismissed the appeal in Bernard v. Canada (Attorney General), thus ending the “legal odyssey” of an employee who did not want her personal information disclosed to the unions which she declined to join during her years of employment with the federal government, but to which she was mandatorily obligated to…

British Columbia Supreme Court Awards $2 Million in Damages for Freedom of Association Violation

· 3 min read

Last month, the British Columbia Supreme Court (“BCSC” or “Court”) released the latest in a series of cases dealing with collective bargaining and the right to freedom of association as guaranteed by section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). This 683-paragraph decision follows a previous decision of the BCSC dated April…

OLRB comments on employer support and proper communications during raiding season

· 2 min read

The Ontario Labour Relations Board (“OLRB” or “Board”) recently found that an employer did not collude with the Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America (“Carpenters”) to displace the rights of the Universal Workers’ Union, Labourers’ International Union of North America, Local 183 (“Labourers”). Central to the issue was…

Recent Award on DECE Breaks: Implications for School Boards

· 8 min read

In an arbitration award released on January 17, 2014, Arbitrator George Surdykowski ruled that Designated Early Childhood Educators (“DECEs”) may not be scheduled to take breaks during the instructional day “unless appropriate and permissible replacement arrangements are made”. The Award makes it clear that such “arrangements” must involve the scheduling of a “replacement DECE” so…

School Board Client Update

· 12 min read

The following represents a few notable decisions made by the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario and arbitrators in 2013 that are relevant to school boards in Ontario. FACEBOOK POSTING BY TEACHER WARRANTS DISCIPLINE In Ontario Secondary School Teachers’ Federation and Simcoe County District School Board, 2013 CanLII 62014 (CanLII), the…

Privacy Rights and A Union’s Duty to Represent its Membership

· 3 min read

Last week, a case that has significant labour relations and privacy implications was argued before the Supreme Court of Canada. At issue in Bernard v. Canada (Attorney General) is the appropriate balance between an individual’s privacy rights and a union’s right, and duty, to represent its membership. In other words, what employee personal information is…

Ontario Government Proposes Central Bargaining for School Boards

· 13 min read

The Ontario government has introduced legislation that would, if passed, provide for central bargaining for school boards – a significant departure from how collective bargaining has historically occurred in the sector. Bill 122, the School Boards Collective Bargaining Act, 2013, was introduced at First Reading on October 22, 2013, and will now undergo consideration by…

Ontario Introduces Bill 122, School Boards Collective Bargaining Act

· 1 min read

On October 22, 2013, the Ontario government introduced Bill 122, the School Boards Collective Bargaining Act, 2013,  legislation that would, if passed, amend the collective bargaining regime governing Ontario school boards and teachers. The government also released a Backgrounder on Bill 122. We are in the process of reviewing the proposed legislation, and a more…