Resources: Labour

  • Labour Arbitration Preferred Over Human Rights Adjudication

    January 2017

    A recent decision out of Manitoba, Northern Regional Health Authority v. Manitoba (Human Rights Commission), 2016 MBQB 89, examines the overlapping jurisdiction between labour arbitration boards and human rights tribunals with respect to complaints of prohibited discrimination in employment.

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  • Refusal of Work Not For Safety Reasons: Discharge For Just and Reasonable Cause Upheld

    September 2016

    by Brandon Hillis

    In a recent decision, Arbitrator Lorne Slotnick upheld the discharge of an employee who attempted to improperly use medical restrictions and the right to refuse unsafe work under occupational health and safety legislation as the basis for refusing a work assignment.

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  • Culpable Inefficiency and a Smorgasbord of Issues

    August 2016

    by Gregory J. Heywood

    Arbitrator Larry Steinberg faced a plethora of issues in the recent case of Toronto District School Board v. CUPE, Local 4400 (Naccarato Grievance), [2015] O.L.A.A. No. 429.  The decision makes for an interesting read and contains a number of chestnuts that are useful for practitioners in the world of labour arbitration.

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  • Alberta Court Confirms and Clarifies Requirements for Random Drug Testing

    August 2016

    by Christopher Munroe

    In the recent case of Suncor Energy Inc. v. Unifor, Local 707A, 2016 ABQB 269, the Alberta Court of Queen’s Bench confirmed and clarified the test that an employer must meet in order to justify the unilateral imposition of random drug and alcohol testing in a unionized workplace.

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  • Unions Have No Automatic Right to Participate in the Accommodation Process of Union Members

    June 2016

    by Graeme McFarlane

    The B.C. Supreme Court has clarified in a judicial review decision that a union does not have an automatic right to participate in and be provided with information related to the process of accommodating a worker due to a protected ground: Telus Communications Inc. v. Telecommunications Workers’ Union, 2015 BCSC 1570.

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  • Is that “Confidential” Investigation Report actually Confidential?

    May 2016

    by Graeme McFarlane

    If not set up properly, that “confidential” investigation report may not be so confidential after all. An Ontario arbitrator has ruled that an investigation report prepared by a lawyer is not covered by solicitor-client or litigation privilege as a matter of right. In Durham Regional Police Association v Durham Regional Police Services Boardthe arbitrator ordered production of an investigation report to the union which was dissatisfied with the employer’s handling of a harassment situation.

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  • Employers Not Obligated to Accommodate Personal Choices – Including Breastfeeding

    February 2016

    by Julie Menten

    The right to breastfeed in public has made headlines of late, but the Federal Court of Appeal’s decision in Flatt v. Attorney General of Canada, 2015 FCA 250 makes it clear that choosing to breastfeed in most instances is just that – a choice, and not one that will necessarily be protected by human rights legislation in the context of work obligations.

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  • Dress Your Workplace Attire Policy Appropriately

    February 2016

    by Kim Thorne

    A management restriction on employees wearing blue jeans and shorts at the office was found by an arbitrator to be a contravention of the employer’s established workplace attire policy in Canadian Union of Public Employees, Local 1767 v. BC Assessment Authority (Workplace Attire Grievance), [2015] B.C.C.A.A.A. No. 67 (Dorsey) and the restriction was ordered to be rescinded.

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  • Truth and reconciliation with First Nations Implications for employers

    January 2016

    by Gregory J. Heywood

    The new federal government has said it will adopt all of the recommendations of the recently released Final Report of the Truth and Reconciliation Commission of Canada. This will impact employers in the private sector, particularly those working with natural resources. Employers will be required to ensure that jobs, training and opportunities are shared with First Nations communities.

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  • Employer’s conduct during organizing campaign survives labour relations board scrutiny

    November 2015

    by Danny Bernstein

    In Vanderpol Eggs Ltd. –and– Teamsters Local Union 213, BCLRB No. B165/2014, the Teamsters Local Union 213 (the “Union”) alleged that Vanderpol Eggs Ltd. (“Vanderpol”) had engaged in unfair labour practices during the Union’s campaign to organize Vanderpol’s employees.

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