Tag: Strikes and Lockouts

Appellate Court Finds National Day of Mourning Not a Paid Holiday Under Collective Agreements

· 3 min read

The issue of whether the National Day of Mourning is considered a “holiday” under a particular collective agreement has been the topic of recent arbitral decisions. On November 7, 2023, the Divisional Court weighed in on the issue and found that the National Day of Mourning is not a paid holiday under the applicable collective…

Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Labour Law – Part 2 [Video]

· 4 min read

In this series, David Bannon walks through some key differences in labo(u)r law that U.S. employers should know when buying, selling or operating a business in Canada. In this installment, David discusses employer’s ability to communicate with employees during organizing and bargaining, the lack of “Right to work” jurisdictions in Canada, the timing of legal strikes and constitutional protections for labour processes. In the previous installment, David discussed the governing regimes for labour relations, the timing of the union certification process and an employer’s duty to disclose certain information to a train union.

Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Labour Law – Part 1 [Video]

· 6 min read

In this series, David Bannon walks through some key differences in labo(u)r law that U.S. employers should know when buying, selling or operating a business in Canada. In this instalment, David discusses the governing regimes for labour relations in Canada, the timing of the union certification process and an employer’s duty to disclose certain information to a trade union.

OSSTF Found to Have Engaged in Unlawful Local Strikes

· 6 min read

In its decision released on May 26, 2015, the Ontario Labour Relations Board (the “OLRB”) ruled that the ongoing Ontario Secondary School Teachers’ Federation (“OSSTF”) teacher strikes occurring at the Durham, Peel and Rainbow District School Boards were unlawful. This conclusion was reached on the basis that the scheme of the School Boards Collective Bargaining…

Province Introduces Back-to-Work Legislation

· 6 min read

On May 25, 2015, the Ontario government introduced Bill 103, the Protecting the School Year Act, 2015. Bill 103 is back-to-work legislation intended to bring an end to ongoing strikes at three school boards – the Durham District School Board, the Peel District School Board and the Rainbow District School Board (collectively, the “School Boards”)….

Supreme Court Expands “Freedom of Association” and Recognizes Right to Strike

· 16 min read

In three decisions released in late January, 2015, the Supreme Court of Canada has once again revisited, and expanded, the reach of section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter“), which guarantees “freedom of association”. In two cases involving the RCMP, the Court held that the unique bargaining scheme imposed on…

Supreme Court of Canada To Hear “Right to Strike” Case

· 1 min read

In a case that will be eagerly anticipated by the labour relations community, the Supreme Court of Canada has granted leave to appeal from a decision of the Saskatchewan Court of Appeal which found that the “right to strike” is not constitutionally protected. Courts have been grappling with the extent of the constitutional protection for…

Hicks Morley Cited in Canadian Civil Liberties Association Rights Watch Blog

Hicks Morley’s FTR Now entitled “No Charter-Protected Right to Strike Says Saskatchewan Court of Appeal” was cited in the October 17, 2013 edition of Canadian Civil Liberties Association Rights Watch blog in an article entitled “Supreme Court of Canada to Decide on the Right to Strike“. Hicks Morley’s Paul Broad authored this FTR Now, which…

Supreme Court of Canada to Determine Whether Charter Protects Right to Strike

· 2 min read

The Supreme Court of Canada will decide whether the Canadian Charter of Rights and Freedoms (the “Charter”) guarantees the right to strike for unions and their members. Earlier this year, the Saskatchewan Court of Appeal found that the Charter does not protect the right to strike. A substantial component of the Court of Appeal’s decision…