Tag: Collective Bargaining

School Board Update – Bill 242, The Full Day Early Learning Statute Law Amendment Act: The Legal Framework for the Early Learning Program

· 9 min read

In our January 12, 2010 School Board Client Update, we discussed the Early Learning Program (“ELP”), which is the government’s plan to implement full day early learning for four- and five-year-olds in Ontario. On February 17, 2010, the government introduced Bill 242, the Full-Day Early Learning Statute Law Amendment Act, 2010, which amends provisions of…

Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations

· 4 min read

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

· 4 min read

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

· 8 min read

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…

Supreme Court Extends Constitutional Protection to Collective Bargaining Process

· 19 min read

IN THIS ISSUE: Introduction The Factual Context: The Health and Social Services Delivery Improvement Act Collective Bargaining Protected by the Charter The Test for “Substantial Interference” The Majority’s Conclusions Justice Deschamps’ Partial Dissent Concluding Comments INTRODUCTION On June 8, 2007, the Supreme Court of Canada issued a ground-breaking decision in Health Services and Support –…