The Alberta Personal Information Protection Act has been declared unconstitutional by the Supreme Court of Canada. The sweeping decision was prompted by union video surveillance of people crossing a picket line. Because PIPA does not have any exemption to allow for a union to advance its interests in a labour dispute, it was held to be an unreasonable restriction on the union’s freedom of expression guaranteed by the Charter of Rights.
Alberta will have 12 months to make changes to the law before the declaration of invalidity takes effect. BC is effectively in the same boat since its Personal … Continue Reading
Another Arbitrator in BC has decided against a general rule of anonymizing the names of grievors and witnesses in labour arbitration awards. The decision of Arbitator Stan Lanyon in the Sunrise Poultry case (Unreported, October 28, 2013) is the case we anticipated in our previous post on this issue.
Like Arbitrator John Sanderson in the Husband Food Ventures case, Arbitrator Lanyon was dealing with a request by the United Food & Commercial Workers, Local 1518 to have the names of the grievor and witnesses remain confidential in any Award in the matter. And like Arbitrator Sanderson, Arbitrator Lanyon decided there … Continue Reading
The Labour Relations Board has confirmed that strike votes must be meaningful. In effect, collective bargaining must have progressed at least to the point where it is clear what is in dispute before a strike vote can meet the legal requirements of the Labour Relations Code.
There has been a growing frustration over unions quickly moving to strike votes and strike notice in the middle of collective bargaining. The Code requires collective bargaining, followed by a strike vote, followed by 72 hour strike notice before a union is in a legal strike position. Too often, unions have been holding … Continue Reading