Blog
Who’s an Employee under the Labour Relations Act?
Status disputes come up in many applications for certification. One or both the employer and union will argue that an individual whose name appears on the “voters list” submitted by the employer with its response to the application is not an employee within the meaning of the Labour Relations Act, 1995. Or names might be [...]
CAW and CEP Looking to Merge
The Canadian Auto Workers and the Communications, Energy and Paperworkers Union are considering merging. According to the CAW-CEP Discussion Paper: After two decades of fighting mostly defensive battles against the pressures of globalization, employer aggression, hostile government policy, and public cynicism, the trade union movement in Canada faces an enormous and historic moment of truth. The CEP-CAW New [...]
Arbitrary, discriminatory or in bad faith? What’s it mean?
The Ontario Labour Relations Act, 1995 provides that an employee can bring a complaint against their union where they believe that the union has failed in their duty to fairly represent them (hence, a duty of fair representation (“DFR”) complaint). Section 74 of the Act provides: A trade union or council of trade unions, so long [...]
Multiple Penalties at Arbitration
The issue of double-penalty (or multiple-penalty) in a unionized workplace has received some attention of late and arises out of the fallout from the G20 riots. According to this report from the Toronto Star: The Toronto police board has taken the unprecedented step of refusing to promote nine officers who were disciplined for removing their [...]
Fines by Unions Against their Members
A Saskatchewan Court has upheld a union’s right under The Trade Union Act to impose a fine on one of its members arising from her decision to continue to work while her union was on a lawful strike. The Act provides that the fine assessed will not exceed the employee’s net earnings during the strike and the union [...]