Our Federal Court has dismissed a court challenge by two unions against HD Mining. The unions claimed that the company hired more than 200 temporary Chinese workers for its coal mine in Tumbler Ridge in northeastern BC, while deliberately ignoring or passing over many qualified and willing Canadian applicants. The International Union of Operating Engineers,… → Read More
Category Archives: Labour Relations
Subscribe to Labour Relations RSS FeedTattoo and Body Piercing Rule Unreasonable
Need to show adverse effect.
Posted in Discrimination, Employee Obligations, Human Rights, Labour RelationsAn Ontario arbitrator has decided an issue of increasing concern to employers everywhere – what can be done about tattoos and body piercings? The answer: not much, without objective evidence of an adverse effect on your business. Thanks to our colleagues Meaghan McWhinnie and Robb Macpherson in our Toronto office for writing about this case…. → Read More
Target Not a Successor to Zellers
Posted in Labour Relations, UnionsThe BC Labour Relations Board has refused to declare Target a successor to Zellers for a location in Burnaby. The United Food and Commercial Workers Union, Local 1518 was seeking to extend its bargaining rights for the Zellers employees at Brentwood Mall. That location was one of 220 leasehold interests across the country that Target… → Read More
Collective Agreement Severance Not Payable
Only accrued rights survive termination of the agreement
Posted in Employment Standards, Labour Relations, Termination, Unions, Wrongful DismissalEmployees terminated after the expiry of their collective agreement are not entitled to severance pay. That is the bottom line, and the end of the line, for the former employees of Mercury Graphics since November 8, 2012 when the Supreme Court of Canada refused to hear their appeal. The Saskatchewan Court of Appeal decision stands and provides some useful guidance… → Read More
Murphy’s Laws of HR
Union Terminations
Posted in Discipline, Labour Relations, Murphy's Laws of HR, Termination, UnionsIt’s time for another instalment in Murphy’s Laws of HR. The first two laws were posted some time ago. #3 is posted in sympathy for those dealing with unionized employees, and to remind those with only non-union employees to count their blessings. Murphy’s Laws of HR #3 – The union always grieves a termination: even when… → Read More
Month in Review
Posted in Accommodation, Age, Benefits, Compensation, Pensions, Damages, Discipline, Discrimination, Employee Obligations, Employment Standards, Family Status, Human Capital, Human Rights, Immigration, Investigations, Just Cause, Labour Relations, Litigation, Murphy's Laws of HR, Privacy, Recruiting, Termination, Unions, US vs.Canadian Employment Law, Wage and Hours, Workers Compensation, Wrongful DismissalThe bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.
Major New Union Coming
CEP Votes to Join with CAW
Posted in Labour Relations, UnionsThe Communication, Energy and Paperworkers Union voted today in favour of starting a new union with the Canadian Auto Workers. The CEP vote follows the CAW’s unanimous vote in August and completes a vital step toward creating a private sector union with over 300,000 members across Canada. In previous posts we have talked about the plans for the new union… → Read More
What’s Happening With Drug Testing in Canada?
Our Continuing Cross Border Dialogue
Posted in Discrimination, Human Rights, Labour Relations, Privacy, Unions, US vs.Canadian Employment LawThanks to Jeff Polsky for answering my question about minimizing the risk of a runaway jury in US employment claims. Those are important tips for employers in the US, and for employers in Canada whether or not we see more jury trials in employment cases. Another apparent distinction between US and Canadian employment law is drug… → Read More
Employer Required to Provide Benefits After Age 65
Check Your Employment and Collective Agreement Language!
Posted in Benefits, Compensation, Pensions, Discrimination, Human Rights, Labour Relations, UnionsAn Ontario arbitrator has ruled that old language in a collective agreement was not clear enough and the employer is obligated to provide benefits to employees past 65, notwithstanding the age limitation in the benefits contracts. The case highlights the need to review employment and collective agreement language now that mandatory retirement has been outlawed. Like many collective agreements (and individual employment agreements), the… → Read More
New Union Project Advancing
Proposal to Merge CAW and CEP Going to Conventions
Posted in Labour Relations, UnionsThe CAW and CEP have issued their Final Report on their proposal to form what would be Canada’s largest private sector union. The next step is to seek approval at the CAW and CEP national conventions on August 20 -24 and October 14 – 17. In a previous post we reviewed the proposal in its early stages. The Final Report… → Read More
Big Change Looming in Canada’s Labour Movement
Posted in Labour Relations, UnionsCanada may soon have a new and dominant private sector union as the CAW and CEP continue to talk merger. Both of these large unions are the products of earlier mergers, but forces are compelling another, and bigger, combination. They have identified a “moment of truth” brought on by a number of factors. Predictably, ”hostility from right… → Read More
Hot Off the Press – Doing Business in Canada
Posted in Benefits, Compensation, Pensions, Employment Standards, Human Rights, Labour Relations, PrivacyIf your organization is currently thinking about establishing or acquiring a business in Canada, the 2012 edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as… → Read More
Suggesting Decertification Just Might Work
Posted in Labour Relations, UnionsWhat unionized employer hasn’t wished they could ask their employees to decertify? Most employers know that initiating and advocating in favour of a decertification application is considered improper interference. But what if your company is facing financial ruin and you have nothing to lose? In this case, the employer was facing severe financial challenges and… → Read More
Collective Bargaining or Legislated Outcomes?
Posted in Labour Relations, UnionsWhere are we headed with collective bargaining? Are legislated outcomes to labour disputes a good or bad thing? Does the old model of economic warfare still work to help settle collective agreements? These are questions to keep in mind as the BC Teachers square off with the provincial government, as the federal government repeatedly steps into Air Canada’s… → Read More
BC Labour Board Decisions to be Timely
Posted in Labour Relations, UnionsWe welcome a new ministerial regulation which aims to have matters at the BC Labour Relations Board concluded within 180 days of the application. While 180 days may still seem long, this timeline should provide for faster resolution of workplace disputes. The new regulation takes effect September 1, 2012. The News Release can be found at: http://www.newsroom.gov.bc.ca/2012/03/new-timeline-ensures-workplace-issues-resolved-quickly.html
Collective Agreements and Employment Standards
Posted in Employment Standards, UnionsEmployers with unionized employees must understand if and when the Employment Standards Act (British Columbia) will apply. Collective Agreement Prevails A collective agreement may have provisions that fall below the minimum requirements of the Act in the following areas: hours of work and overtime (Part 4), statutory holidays (Part 5), annual vacation and vacation pay… → Read More
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