Resources: Labour

  • Employer Allowed to Call Rebuttal Evidence in Text Message Controversy

    November 2015

    by Graeme McFarlaneDanielle Scorda

    In BC Hydro & Power Authority and International Brotherhood of Electrical Workers, Local 258 (August 4, 2015) Arbitrator Moore considered the Employer’s application to call rebuttal evidence. In particular, BC Hydro (or the “Employer”) sought to call expert rebuttal evidence regarding albacore tuna.

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  • Constitutional Protection for The Right to Strike: Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4

    June 2015

    by Delayne Sartison K.C.

    For years, governments have struggled to allow the voluntary resolution of collective bargaining disputes while at the same time protecting the public interest.

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  • Freedom of Association Now Protects the Right to Strike

    March 2015

    by Michael R. Kilgallin

    In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada reversed its 1987 decision and concluded that the right to strike is protected under section 2(d) of the Charter: freedom of association.

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  • Drug Detection Dogs Fail Smell Test

    May 2015

    by Kim Thorne

    In United Steelworkers Local 7552 v. Agrium Vanscoy Potash Operations (Grievance 16-10, Random Drug Searches/Interviews), [2015] S.L.A.A. No. 1 (Norman), a Saskatchewan employer’s practice of periodically deploying drug detection dogs to screen individuals entering its safety-sensitive worksite was held to be in breach of the collective agreement.

     

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  • B.C. Employers Need a “Reasonable Basis” to Conduct Employee Surveillance: Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), 2014 B.C.C.A.A.A. No. 43 (Dorsey)

    November 2014

    by Danielle Scorda

    Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), [2014] B.C.C.A.A.A. No. 43 (Dorsey) is a recent arbitral decision considering the admissibility of surveillance evidence in British Columbia.

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  • Grievor’s Anonymity – Privacy Rights Versus Accountability

    July 2014

    by Gregory J. Heywood

    Grievor’s anonymity has been hotly debated in the course of two recent British Columbia arbitration proceedings. Sunrise Poultry Processors Ltd. -and- UFCW Local 1518 and Husband Food Ventures Ltd. (c.o.b. IGA Store No. 11) -and- UFCW 1518  involved two arbitration awards each and one B.C. Labour Relations Board review.

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