Ontario employers face a number of new challenges in 2018 as a result of the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”). To help employers navigate the many changes under Bill 148, we have outlined the key changes that employers need to be aware of. We have also indicated planning actions to consider in view of these changes.
Continue Reading Bill 148: Key Changes & What to Do About Them
In 2013, the Supreme Court of Canada confirmed that, before employees in safety sensitive positions can be subjected to random drug and alcohol testing, it must be established that there is a general problem of substance abuse in the workplace (see our article summarizing that decision here). But what evidence is relevant to this inquiry? Should the employer consider its entire industry, its particular worksites, or just the employees in a particular bargaining unit?
Continue Reading Alberta Court of Appeal Weighs in on Evidence Supporting Random Testing
In our last post, we gave an overview of the union certification process, talked about why employees might choose to join unions and some signs of union organizing that employers should watch for. In this post, we will discuss what employers can and cannot do during an organizing campaign.
Continue Reading Not on My Watch – What Employers Can Do When Unions Come Knocking (Part 2)
On June 16, 2015, Bill C-525, commonly known as the Employees’ Voting Rights Act (“EVRA“), will come into force. EVRA will make some minor, but impactful, changes to the processes in which unions gain and lose bargaining rights in the federal public sector.
Continue Reading No More Stacking the Deck: Employees’ Voting Rights Act Brings Changes to Federal Union Certification and Decertification Processes
In Bernard v Canada (Attorney General), 2014 SCC 13, the Supreme Court of Canada confirmed that employee privacy rights do not override a union’s right to receive the information that it requires to fulfill its representational duties. Accordingly, employers may be required to disclose information that will allow a certified union to contact members of its bargaining unit at home, and failure to do so may constitute an unfair labour practice.
