The Fraser Decision: The Supreme Court of Canada Revisits Scope of Charter-Protected Collective Bargaining Rights

On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…

Ontario Budget 2011 – Highlights for Employers

INTRODUCTION On March 29, 2011, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the government’s 2011 Budget, “Turning the Corner to a Better Tomorrow”, before the Legislature and simultaneously introduced omnibus legislation amending a variety of statutes to implement some of these initiatives through Bill 173, the Better Tomorrow for Ontario Act (Budget Measures),…

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….

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…

OMERS Supplemental Benefits: Bargaining Issues & Strategies for the Emergency Services Sector

With the passage of the Ontario Municipal Employees Retirement System Act, 2006 (“OMERS Act 2006”), police [1], firefighters [2] and paramedics [3] are now able to bargain additional OMERS pension benefits, called “supplemental benefits”. This ability to bargain supplemental benefits will have a dramatic impact on local labour relations and related costs. The OMERS Act…