School Board Client Update

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…

John Field and Lauri Reesor Quoted in Canadian Labour Reporter

Hicks Morley’s John Field and Lauri Reesor were quoted in the May 27, 2013 edition of Canadian Labour Reporter in an article entitled, “Navistar workers lose bid for class-action lawsuit.” The article discusses the Ontario Superior Court’s recent dismissal of a proposed class action brought by unionized employees who alleged that they were constructively or…

OLRB Dismisses Duty of Fair Representation Applications Against OECTA

On February 26, 2013, the Ontario Labour Relations Board (“OLRB”) released a decision dismissing four different duty of fair representation applications filed by members and local leaders of the Ontario English Catholic Teachers’ Association (“OECTA”) against OECTA relating to OECTA’s negotiation of its Memorandum of Understanding dated July 5, 2012 with the provincial government (“MOU”)….

Non-Construction Employers and the Construction Industry Provisions of the Labour Relations Act

Employers that are bound to a construction collective agreement and that do not operate within the construction industry find themselves, from time to time, involved in some kind of construction activity. It is important that these employers are aware that in certain cases, their construction activities may keep them within the construction industry provisions of…

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…

Non-Construction Employer Declaration Provision in LRA Constitutional

On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…

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…

School Boards 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 school boards’ ability to tender construction work. Background The construction industry labour relations regime…