Labour-lawyers/neighbourhood

Labour arbitration is the dispute settling process in a unionized workplace. Labour arbitration can be used to resolve union grievances, contested policies, or for the negotiation of a new collective agreement.

Collective agreements are fairly complex, and an inexpertly drafted agreement can significantly increase the cost of doing business. During collective bargaining negotiations, employers must consider every facet of employee relations for years to come.

Construction labour law is more complicated and rule-driven than any other industry in the province. In Ontario, construction labour law is characterized by divisions based on sector, craft, and geographical area, as well as collective agreements that automatically apply to newly certified employers.

Labour law in the transportation sector is highly specialized. Either provincial or federal law can apply, depending on the exact nature of the work. Employers may also have certain rights to conduct drug and alcohol testing on employees. Expert legal advice is critical for companies who operate in this industry.

Labour law in the aviation sector largely falls under federal jurisdiction. Aviation labour law expertise requires an understanding of how the aviation sector works, together with a detailed knowledge of federal standards and jurisprudence.

Keeping your workplace union-free requires careful and strategic planning long before any union organizing drive even begins. One wrong move in the course of a union drive can lead to your business becoming automatically certified.

A union grievance constitutes a ‘dispute’ under a collective bargaining agreement. Unions often seek to extend their power by filing grievances. Employers should always respond, with the help of a qualified labour lawyer.

Applications for Certification are, at the end of the day, decided by employees. However, employers have certain rights to participate in these matters, which can often make the difference between becoming certified or remaining union-free.

Termination of Bargaining Rights, also known as “decertification”, occurs when employees no longer wish to be represented by their union. Any hint of employer influence during decertification can thwart the entire process.

Employers have the right to communicate with employees about unionization – even in the course of a union organizing campaign. Employers cannot, however, use coercion, threats, intimidation, promises, or undue influence to turn employees against the union, or else risk an Unfair Labour Practice (ULP) complaint.