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…
Practice Area: Labour Relations
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…
Harvey Beresford Quoted in Law Times
Hicks Morley’s Harvey Beresford was quoted by Law Times while speaking at the Ontario Bar Association Institute conference in Toronto last week. The article, entitled “Workplaces must adapt, lawyers say” discusses the impact of the global economic downturn on “power bargaining” in both the public and private sectors. Beresford says that “unions and employers need…
Municipalities Exposed To Construction Collective Agreements
In a recent decision, the Ontario Labour Relations Board (OLRB) held that key non-construction employer provisions of the Ontario Labour Relations Act, 1995 (the Act) were unconstitutional. In this FTR Now, we discuss how the decision could have an impact on the ability of municipalities to tender construction work. BACKGROUND The construction industry labour relations…
Hicks Morley Ranks #1 in Labour and Employment Law
Hicks Morley once again ranked #1 in Canada in the field of Labour and Employment Law in Best Lawyers® in Canada 2010. Hicks Morley has more listed lawyers (19 in total) in this field than any other firm in Canada and is also the #1 ranked firm in Ontario. Toronto John C. Field Labour and…
Employer Bulletin: Influenza A(H1N1)
You are all undoubtedly aware of the potential Influenza A(H1N1) (or “H1N1 virus”) pandemic that is currently underway.[1] While it is unknown at present just how serious or widespread this situation will become, employees are already expressing concerns, and it is important for employers to monitor the situation and to be prepared to respond as…
Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations
As we enter 2009, many Social Services organizations are looking ahead to upcoming negotiations with unions for the renewal of their collective agreements. Some of our clients have already reported an increasing trend among unions to initiate broad disclosure requests well in advance of actual bargaining. However, employers in Ontario are not necessarily obliged to…
Court of Appeal Considers Scope of Right to Collectively Bargain
In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…