On March 8, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, carried at Second Reading and was ordered referred to the Standing Committee on General Government. As previously reported, Bill 150 is proposed legislation that would designate the Toronto Transit Commission an essential service and provide for binding arbitration by a…
Practice Area: Labour Relations
TTC Labour Disputes Resolution Act, 2011 (Bill 150)
Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011, proposed legislation announced yesterday by the Ontario government, has now been posted on the Legislative Assembly website.
TTC “Essential Service” Legislation to be Introduced
On February 22, 2011, the Ontario government announced plans to introduce the Toronto Transit Commission Labour Disputes Resolution Act, 2011, legislation designating the Toronto Transit Commission an essential service. The legislation, if passed, would provide for binding arbitration by a neutral third party where a collective agreement cannot be reached through bargaining, effectively banning strikes…
Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations
Many Social Services organizations will be negotiating for the renewal of their collective agreements in 2011. Some of our clients have advised us that they have received broad disclosure requests from unions well in advance of actual bargaining. These requests are very similar to requests a number of Social Services organizations received in early 2009….
Arbitrator Upholds Right of Fire Department to Alter Service Levels During Statutory Freeze
On November 8, 2010, Arbitrator Chauvin issued a significant award which confirmed a fire department’s right to manage its operations by determining staffing levels. Arbitrator Chauvin also concluded that the statutory freeze imposed by the Fire Protection and Prevention Act, 1997 (“FPPA“) preserved this right and permitted the City to make changes to service levels…
Municipal Elections 2010: Employers’ Obligation to Provide Paid Time Off to Vote
Province-wide municipal elections will be held on October 25, 2010, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…
Ontario Government’s March 2010 Budget Directions Considered at Interest Arbitration
Recently, Arbitrator MacDowell released an interest arbitration award involving SEIU Local 2 and Sunnybrook Health Sciences Centre that considered the impact of the Ontario government’s 2010 Budget directions on collective bargaining. This award is the first of a number of expected interest arbitration decisions addressing the government’s new fiscal directive. We discuss the decision and…
The GTAA Decision: The Principles Relevant to Employers
Earlier this year, Arbitrator Owen Shime issued an award which has garnered much attention on account of the amount of damages assessed against the Greater Toronto Airport Authority (GTAA) for the wrongful termination of an employee who had been on sick leave. However, the greater potential significance of this award is found in its articulation…
Hicks Morley Introduces Legislative Update Blog
Hicks Morley is pleased to announce the launch of Human Resources Legislative Update, a blog designed to provide human resources professionals with timely information about developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. To access the blog click here. BACKGROUND Since 1997, Hicks Morley…
Ontario Court Limits Number of Picketers
In a decision released March 24, 2010, the Ontario Superior Court imposed significant restrictions on picketing activities taking place at Vale’s Sudbury premises. Three valuable points emerge from this decision. First, the Court has sent a clear message that it will not tolerate flouting of the law, which in this case was four prior court…