Unions & Labour Relations

Subscribe to Unions & Labour Relations via RSS

Special thanks to our articling student Viesakan Sivaraj for contributing to this update.

1. Negotiating a First Collective Agreement in Ontario

Once a union is certified, the employer must immediately turn their attention to negotiating a first collective agreement. The Ontario Labour Relations Act, 1995, (the “Act”) prescribes the timelines and rules for negotiating a collective agreement. Understanding these rules can assist employers with navigating negotiations and ensuring compliance with the Act during bargaining.

General Guidelines

Once a union is certified or voluntarily recognized, it must give written notice to the employer to begin bargaining for a collective agreement (Section 16). The employer and union must meet within 15 days of receiving notice, unless they agree otherwise, and bargain in good faith, making every reasonable effort to reach an agreement (Section 17). Either party may request that the Minister of Labour appoint a conciliation officer to help resolve differences and assist both sides in reaching an agreement (Section 18). Any agreement reached must be ratified by a vote of the bargaining unit employees, with limited exceptions, such as in the construction industry.

The agreement must be filed with the Ontario Ministry of Labour, Immigration, Training and Skills Development and all collective agreements that are filed with the Ministry are published on the Ontario government’s Collective Agreements e-Library Portal website. If the union fails to give notice to bargain within 60 days of certification or fails to start bargaining, the Ontario Labour Relations Board (the “Board”) may terminate its bargaining rights (Section 65), though this is extremely rare. Generally, once a union is certified, they are here to stay.

Key Timelines

There is no fixed deadline for finalizing the first agreement, but the Act provides mechanisms to address delays, impasse, or bad faith bargaining. Under section 43(1) of the Act, where the parties are unable to reach a first collective agreement and either a conciliation board will not be appointed or the conciliation board report has been released, either party may apply to the Board to direct the settlement of a first collective agreement by arbitration.

The Board must issue a decision on whether to arbitrate within 30 days of receiving the application. Where the parties give notice to the Board of their agreement that the Board arbitrate the settlement of the first collective agreement, the Board must appoint a date for and commence a hearing within 21 days of receiving notice and must determine all matters in dispute and release a decision within 45 days of the commencement of the hearing.

A first collective agreement settled under Section 43 of the Act is effective for 2 years from the date of settlement. If no agreement is reached within one year of certification, employees may apply to decertify the union (Section 63), though again, this is rare.Continue Reading From Bargaining Table to Arbitration: Navigating First Agreements, Renewals, and Back-to-Work Orders

Special thanks to our summer student Brianna Grieff for contributing to this update.

If you are an employer suddenly ambushed by a union certification application, your immediate questions are likely: what exactly is happening, and what should I do next? Briefly, you should immediately seek legal advice due to the tight timeline you have to respond. This article covers three critical aspects of the union certification process in Ontario: (1) what the process is; (2) the general timeline of events; and (3) employer best practices.

1. The Union Certification Process

During this process, a union seeks to become the official bargaining agent for a defined group of employees. In Ontario, the process is overseen by the Ontario Labour Relations Board (the “Board”) and is governed by the Labour Relations Act, 1995 and the Ontario Labour Relations Board Rules of Procedure.

There are four main stages:

(1) Union Organizing Campaign: The applicant union campaigns to seek out employee support in the proposed bargaining unit to get union membership cards signed.

(2) Application for Certification: Once a sufficient number of membership cards are collected, the union files an application with the Ontario Labour Relations Board to be certified as the bargaining agent for the employees.

(3) Representation Vote: The employees vote against or in favour of the union.

(4) Dispute Resolution: Any disputes related to the application – such as the composition of the bargaining unit or concerns with conduct during the campaign – are resolved by the Board.

2. Timeline

This section provides a quick breakdown of the four main steps. We highlight elements that employers should be aware of.Continue Reading Union Drive Incoming? Your Crash Course on Union Certification in Ontario

Special thanks to our summer student Brianna Grieff for contributing to this update.

With an uncertain economy amidst tariff concerns, Canadians continue to make bolder workforce demands. Although many workers have returned to pre-pandemic attitudes, notable union activity remains rampant across Canadian workforces. For example, over the past 18 months, Canada Post has faced ongoing negotiations and strike notices from the union that represents 55,000 postal workers. On July 5th, 10,000 LCBO employees walked off the job, demanding higher wages and improved benefits. Finally, the professors at McGill University’s Faculty of Law made headlines by striking for five weeks in support of their right to unionize.

Employers are justifiably concerned about the potential for increased union activity, which can cause significant disruptions to operations. There are many strategies employers can use to stay union free, but it requires treading carefully, as labour laws offer extensive protections to employees’ right to unionize. One wrong step by an employer can lead to penalties, fines, and automatic union certification.

Understanding how quickly the 3-step certification process unfolds

The certification process formalizes the collective bargaining relationship. And, understanding how this process works and appreciating how quickly it can move forward is essential for developing an effective union avoidance strategy.

The process for certification in Ontario involves three steps:

1. The Organizing Drive

First, the union will try to keep the organizing drive a secret. During this period, the union will typically attempt to gauge employee interest by having union representatives approach them at the workplace, typically while they are coming to or leaving work, as well as online. Union representatives will talk to employees about any issues they may have with the workplace and share the union’s contact information with them. Union organizing drives usually involve signing up employees as union members and collecting union membership cards. One way that unions target employers for a union drive is by obtaining the names, contact information, and/or home addresses of the employees of a certain workforce, which they use to send them propaganda.Continue Reading Best Practices for Employers Experiencing Labour Union Activity

As part of our newly launched Doing Business in Canada Guide 2025, Chapter 13 on Labour and Employment offers a comprehensive overview of the legal landscape that governs the Canadian workplace. Whether your organization operates under federal jurisdiction or within one of Canada’s provinces or territories, understanding the dual framework of employment regulation is…

Tune into our annual Global Employment Law webinar series as we bring the world to you.

Our Global Employment Law Fastpass webinar series is here again! Every June, we offer four regionally-focused webinars to help you stay up-to-speed on the latest employment law developments around the world. From tariffs and economic uncertainty to the use…

Special thanks to our articling student Andie Hoang for contributing to this update.

As we wrap up 2024 and look forward to 2025, here are 10 key developments Canadian employers should track:

1. Changes to Termination Notice Periods for Federal Employees

In February 2024, amendments to section 230 of the Canada Labour Code came into effect requiring federal employers to provide their employees with a graduated notice of termination based on the length of an employee’s continuous employment. Prior to this, employers had to provide a minimum of two weeks’ notice of termination or pay in lieu of notice to an employee who had completed at least three months of continuous employment with said employer.

The amendments also require employers to provide a written statement of benefits to employees who have been terminated. Prior to these amendments, this was only required for group terminations, but now will also apply to individual terminations. These statements must outline an employee’s right to vacation benefits, wages, severance pay and any other benefits and pay arising. A federal employer’s obligation to pay severance pay under section 235 of the Code, however, remains unchanged. 

Please see our full blog on the updated amendments and notice lengths, “Reminder for Federal Employers: Changes to Termination Notice Period in Effect NOW.”

2. New Obligations for Ontario Employers Under Bill 149 – Working for Workers Four Act

On March 21, 2024, Bill 149 – Working for Workers Four Act received Royal Assent as part of a series of legislative initiatives that have been introduced under the “Working for Workers” banner since 2021. Each piece of legislation in this series seeks to address various contemporary issues within Ontario workplaces. Bill 149 introduces significant changes to Ontario’s employment law, including:

  • Job Postings: Employers who publicly advertise job postings are now required to disclose either the expected compensation or a range of expected compensation. The range of expected compensation shall be subject to conditions, limitations, restrictions or requirements as may be prescribed. Further, employers will also be required to disclose in job postings whether they used artificial intelligence in the hiring process (i.e., if AI was used to screen, assess or select applicants for the position). These new requirements will come into force on January 1, 2026.
  • Tips and Tip Policies: If an employer has a policy in respect of tip pooling, they are required to both post and keep posted a copy of their policy in a conspicuous place in their establishment where the policy is likely to come to the attention of employees. Further, employers are required to retain copies of any written tip pooling or sharing policy for a period of three years after it is no longer in effect.

The Act brings about a number of additional changes that will be relevant for employers, which are summarized in our blog post, “* UPDATE * Ontario Passes Bill 149, Working for Workers Four Act, 2024, Imposing Pay Transparency Requirements Among Other Things.”

3. Timely Judicial Reminder re Termination Provisions and Fixed-Term Contracts

The Ontario Superior Court of Justice in Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, delivered a decision that will impact the way employment agreements are drafted going forward. The Plaintiff was employed by the Defendant Township on a fixed-term contract. However, with 101 weeks remaining in her contract term, the Township terminated her employment without cause. Following this, the Plaintiff sued the Township for wrongful dismissal, arguing that the termination clause in their contract was unenforceable and that they were therefore entitled to reasonable notice of termination. Ultimately, the Court found the termination provisions unenforceable as the contract did not comply with the Employment Standards Act, 2000, for three reasons.Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2024

We are thrilled to invite you to our upcoming event series, featuring a range of sessions in Canada and across North America.

In our 75-minute Canadian Employer Update webinar, we will bring you up to speed on major developments like Ontario’s ‘Working for Workers’ legislation, managing pay transparency obligations across Canada, significant case law…

We’re bringing the world to you. Join Baker McKenzie for our annual Global Employment Law webinar series.

In the face of intensifying geopolitical risk and continuing economic uncertainty, the challenges for global employers to plan carefully and operate strategically to maintain a thriving workforce is greater than ever. We’ll help employers navigate those challenges in…

Special thanks to our articling student Ravneet Minhas for contributing to this update.

With pervasive inflation and an uncertain job market, many Canadians are emerging from the pandemic with bolder workforce demands. For example, in the spring of 2023, federal public servants made headlines with the largest strike in Canadian history. More recently, 3,000 Metro…

We are pleased to share a recent Benefits Canada article, “Newfoundland and Labrador arbitrator rules pension grievance can proceed despite late filing, citing ‘culture of acquiescence’,” with quotes from Ajanthana Anandarajah.

In this case, an arbitrator ruled that a pension grievance filed seven years beyond a collective agreement’s time limit could proceed because of the…