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Canada Labour Code - Part I

Court imposes $25,000 fine on Teamsters Local 31 for defiant picketing activities, with option to pay Food Bank

Jurisdiction: - British Columbia
Sector: - Transportation

In Great Canadian Railtour Company Ltd. v. Teamsters Union, Local 31, 2012, BCSC 632 the BC Supreme Court imposed $25,000 fine on the union for its role picketing activities in contempt of a court order. The court gave the union the option of paying the funds to the Greater Vancouver Food Bank Society.

My previous post on this case can be found here: "Teamsters Local 31 in contempt of court for impeding traffic during Rocky Mountaineer labour dispute".

Teamsters Local 31 in contempt of court for impeding traffic during Rocky Mountaineer labour dispute

Jurisdiction: - British Columbia - Canada/Federal
Sector: - Transportation

In Great Canadian Railtour Company Ltd. v. Teamsters Local Union No. 31 2011 BCSC 1720, the court found that the Teamsters Local Union 31, through its officers, had deliberately disobeyed a previous court order (as it relates to not impeding traffic) and thus the union was in contempt of court.

This was the second time the union had been found to be in contempt of a court order during the Rocky Mountaineer labour dispute. The first time is detailed in this decision: Great Canadian Railtour Company Ltd. v. Teamsters Local Union No. 31, 2011 BCSC 1149.

Definition of "strike" in Canada Labour Code does not infringe on Charter of Rights and Freedoms

In Grain Workers' Union, Local 333 v. B.C. Terminal Elevator Operations' Association, 2009 FCA 201, the Federal Court of Appeal confirmed a decision of the Canada Industrial Relations Board that the definition of "strike" in the Canada Labour Code does not infringe on the Canadian Charter of Rights and Freedoms.

A summary of the case by law firm Roper Greyell can be found here.

HRSDC launches newsletter for federally regulated employers

Human Resources and Skills Development Canada (HRSDC) has started publishing an electronic newsletter - the Labour Focus Newsletter - that federally regulated employers will want to read.

Volume 1, Issue 1 of the newsletter was published last week and includes a bulletin from the Labour Program that discusses the H1N1 flu virus (the swine flu) and an employer's obligation under the Canada Labour Code, Part II to ensure the health and safety of their employees in the workplace.

As I noted in a post a few weeks ago, this article from the Vancouver Sun also contains advice for employers on how to respond to the virus and other outbreaks like it.

BC Court of Appeal further defines standard of review for arbitrations under the Canada Labour Code

Jurisdiction: - Canada/Federal
Sector: - Transportation

In a case handed down last week, the BC Court of Appeal further defined the standard of review that applies to a labour arbitrator's decision, in light of the Supreme Court of Canada's (SCC's) decision in Dunsmuir v. New Brunswick, 2008 SCC 9.

The employer in this case was a federally regulated trucking company, meaning that the Canada Labour Code was the governing legislation.

In response to a judicial reveiw application, the BC Supreme Court had set aside the arbitrator's decision as it related to the scope of the grievance, and remitted the matter back to the arbitrator.

On appeal by the employer, the BC Court of Appeal noted that in Dunsmuir the SCC had concluded that there were now only two standards of review: correctness and reasonableness. The SCC further noted that, based on the jurisprudence, the reasonableness standard applies where:  read more »

BC Maritime Employers Association and Int'l Longshoremen and Warehouse Union Local 514 ratify collective agreement

Jurisdiction: - Canada/Federal
Sector: - Transportation

The BC Maritime Employers Association and the International Longshoremen and Warehouse Union Local 514 have ratified a new collective agreement, according to a story in today's Globe and Mail.

The dispute involved 450 ship and dock foremen who had been without a contract since March 2007. Local 514 had set a strike date of January 2, 2009, but had stayed on the job as negotiations continued.

The agreement was reached on February 13, 2009 with the assistance of two conciliation officers appointed from the Federal Mediation and Conciliation Service pursuant to section 72 of the Canada Labour Code.

The Union held its ratification vote on February 24, 2009 and accepted mail-in ballots until March 5, 2009.  read more »

CIRB reviews scope of union's entitlement to employee contact information

Jurisdiction: - Canada/Federal

The Canada Industrial Relations Board ("CIRB") has recently ruled that:  read more »

Presentation: "Labour Relations Update for Unionized Employers"

Jurisdiction: - British Columbia - Canada/Federal

Today was the 2004 Lawson Lundell Labour & Employment Law annual client seminar. Along with my co-presenter, I did a presentation entitled "Labour Relations Update for the Unionized Employer", which was a review of the key labour law cases and developments from the past 12 months.  

Presentation: "Labour Relations Update for Unionized Employers"

Jurisdiction: - British Columbia - Canada/Federal

It was the 2003 Lawson Lundell Labour & Employment Law client seminar today. Along with my co-presenter, I presented the "Labour Relations Update for Unionized Employers", which was a review of key labour cases and developments over the past 12 months.