The
Canada Labour Code: Quick Reference provides a concise description of the employer rights and requirements under the
Canada Labour Code, making it a must-have tool for all human resource specialists, labour relations specialists, and employment/labour lawyers working in or for federally regulated organizations.
New in this Edition Part I- Picketing activities: Discussion of a B.C. case featuring a $25,000 fine on the union for its role in picketing activities in contempt of a court order.
- Duty of Fair Representation: The Board confirmed that, in certain circumstances, the duty of fair representation can extend to the process of collective bargaining.
- Determination of Bargaining Unit: In consideration of the appropriate bargaining unit in the context of airport screening; whereas the Union sought a regional bargaining unit, the Board determined that the appropriate bargaining unit was "airport specific".
- Federal Work, Undertaking or Business: The Board determined that the core undertaking of a scrap metal business is provincial in nature, despite the fact that the employer was engaged in extra-provincial trips as part of its business.
- Federal Work, Undertaking or Business: The Board determined that the work of marine surveyors (i.e. hold inspections, draft surveys and vetting surveys) is not vital or integral to the operation of any core federal undertaking involved in the operation of navigation and shipping.
Part II- Discussion of amendments to the Canada Occupational Health and Safety Regulations (COHSR) Part II (Permanent Structures) and Part X (Hazardous Substances).
- Discussion of Canadian Standards Association consultations on the development of a voluntary "National Standard of Canada for Psychological Health and Safety in the Workplace".
Part III - Bill C-13, elimination of mandatory retirement for federally regulated employees comes into force on December 15, 2012.
- Discussion of the ONCA's certification of two class action overtime lawsuits for bank employees.
- Discussion of the ONCA's decision to not certify the class action overtime lawsuit in respect of CNR's first line railway supervisors.
Jamie Knight, LL.B., is a partner in the Toronto office of Filion Wakely Thorup Angeletti LLP. The firm has offices in Toronto and London, Ontario and enjoys friendships with many other labour and employment firms and lawyers across Canada. Filion Wakely Thorup Angeletti LLP is the Canadian partner in L&E Global, a worldwide affiliation of employers' counsel, with member firms in the United States, Mexico, Australia, New Zealand, and throughout Europe. Jamie has almost 30 years of experience representing management in all areas of Employment law and Labour Relations in the courts, at arbitration, and before administrative tribunals, including federal and provincial labour boards. Jamie frequently guides employers through the process of responding to union organizing campaigns, and regularly acts as spokesperson at collective bargaining negotiations. He has authored or co-authored over a dozen publications for use by human resource professionals and lawyers on labour relations, health and safety, human rights, and wrongful dismissal.
Brett Christen LL.B., is a partner in the Toronto office of Filion Wakely Thorup Angeletti LLP. Brett has practiced in all areas of labour and employment law on behalf of management since joining the firm in 1988. He has frequently represented and advised Crown corporations and agencies, railways, telecommunications undertakings, shipping and trucking concerns and other employers in the federal jurisdiction. Brett is a graduate of Dalhousie Law School, a former associate editor of the Canadian Labour Relations Board Reports, and has been certified by the Law Society of Upper Canada as a specialist in labour law.
Sharon Chilcott, LL.B., is a partner with Filion Wakely Thorup Angeletti LLP. Sharon advises and represents employers in all areas of management labour relations and employment law, both in the private and public sector. Sharon graduated from York University in 1992 where she obtained her Bachelor of Arts degree (bilingual) in Political Science and from the University of Toronto in 1995 where she obtained a Bachelor of Laws degree. After being called to the bar in Ontario, Sharon practised labour and employment law in the United Kingdom for a number of years before returning to Canada. She continues to be a member of both the Law Society of Upper Canada and the Law Society of England and Wales.
Paula Pettit, J.D., is an associate with Filion Wakely Thorup Angeletti LLP practising in all areas of labour and employment law, including all aspects of labour and employment law in the entertainment industry. Paula graduated in 2010 with a juris doctor from the University of Toronto. Paula also holds an honours degree in Political Science and English from the University of Western Ontario, where she graduated with distinction as a Tamblyn Gold Medalist. Prior to attending law school and articling with the firm, Paula was most recently the National Director of Industrial Relations with the Canadian Media Production Association, which represents the interests of film, television and new media production companies in all regions of Canada. Paula is a member of the Law Society of Upper Canada, The Advocates' Society and the Toronto Lawyers Association.