Labor and Employment Law Commons^™

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Preliminary motion relating to admissibility of evidence.

On October 13, and 14, 1977, Brian Risdon filed grievances un­der the collective agreement between the parties. In the first he alleged that he had been discriminatorily demoted and sought re­instatement to his former position without loss of salary, senior­ity or benefits. In the second he alleged that he had been dismissed without reasonable cause and disciplined twice for the same alleged conduct and sought reinstatement without loss of benefits, wages or seniority and to have the alleged incident stricken from his record. Both grievances were finally denied by letters of January 30, …

United Brotherhood Of Carpenters & Joiners Of America, Local 2165 V Can-Am Containers Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on March 13, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

O'Toole's Transfer Limited V Teamsters, Chauffeurs, Warehousemen, Helpers And Miscellaneous Works, Local 927, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Labour Relations Board (Nova Scotia) on May 10, 1978, pursuant to Section 49 of the Trade Union Act by O'Toole's Transfer Limited, Sydney, New Glasgow, and Dartmouth, Nova Scotia, that on May 10, 1978, an illegal work stoppage commenced and is continuing by employees of O'Toole's Transfer Limited, who are represented by the Teamsters, Chauffeurs, Warehousemen, Helpers and Miscellaneous Workers, Local 927, by cessation of work in violation of the Trade Union Act;

Re Air Canada And International Association Of Machinists And Aerospace Workers, Innis Christie

Innis Christie Collection

Employee Grievance alleging unjust discharge.

Facts

The grievor, Darvill Hamshaw, has been employed by Air Can­ada since August 18, 1973. Until the events which are the subject-matter of these proceedings his record was without blemish. At rel­evant times he was working as a station attendant in the baggage delivery area, off-loading the baggage carts on which passenger luggage is carried from incoming aircraft. On September 22, 1977, the grievor received written notice from B. K. Jensen, aircraft services manager at the Halifax Airport, that he was suspended pending dismissal because of pilferage from a piece of passenger luggage which had …

Richards V International Association Of Heat & Frost Insulators & Asbestos Workers, Local 116, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on November 15, 1977, pursuant to Section 52 of the Trade Union Act alleging a breach of Section 52(f), (g), and (h) of the Trade Union Act by the Respondents;

United Steelworkers Of America V Trenton Works Division, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Labour Relations Board (Nova Scotia) on February 20, 1978 pursuant to Section 49 of the Trade Union Act of Nova Scotia by the United Steelworkers of America, Local 1231, on behalf of a number of its members, requesting an Order that the Respondents cease and desist from committing, causing and authorizing a work stoppage and lockout of the individual complainants at the Respondent's place of business in Trenton, Nova Scotia;

Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon

Dalhousie Law Journal

A fundamental premise of Canadian labour relations legislation is that all workers have a right to freedom of association, freedom to require their employers to bargain collectively with their chosen bargaining agent, and freedom to strike to persuade their employers to agree to terms and conditions of employment. Yet in all jurisdictions,' governments have denied or limited these rights with respect to their own employees. This discrimination reflects a deep-seated conviction among legislators and among many members of the public that government employees pose unique problems requiring special treatment in matters of labour relations. In this paper I propose to …

Recent Developments In Labour Law In Nova Scotia, Geoff England, Brian Hansen, Greg North

Dalhousie Law Journal

In the eighteen months since "Recent Developments in Labour Law in Nova Scotia" were last noted, the labour scene, both in Nova Scotia and generally across Canada, has been very active. Both the Supreme Court of Nova Scotia and the Supreme Court of Canada have been involved in several interesting decisions, and of particular interest is the fact that the Nova Scotia Labour Relations Board has issued several written decisions involving sections that hitherto had not been extensively considered. The following subject areas are noted here: first, unfair labour practices, where the Board has come down with several interesting decisions; …

International Union Of Operating Engineers Local 721 V Municipal Spraying And Contracting Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on August 10, 1977, pursuant to Section 29(3) of the Trade Union Act, for an Order declaring that the Respondent, Willow Contracting Limited, is bound by Certification Orders L.R.B. No.'s 771 and 301 and by the voluntary recognition of the Applicant by the Respondent Municipal Spraying and Contracting Limited in the 1977 collective agreement between them and in preceding collective agreements, and for an Order declaring that Willow Contracting Limited is bound by the current collective agreement between Municipal Spraying and Contracting Limited and …

Construction Association Management Labour Bureau Limited V International Association Of Heat & Frost Insulators & Asbestos Workers, Innis Christie

Innis Christie Collection

The issue before the Panel on this preliminary objection is whether, on the assumption that the Respondents, contrary to Section 52 (h) of the Trade Union Act, have expelled or suspended an employee of one of the Applicant's member companies or have taken disciplinary action against or imposed any form of penalty on any such employee "by reason of his having refused to perform an act that is contrary to (the Trade Union) Act", that is a matter about which the employer or the Management Labour Bureau on his behalf, can complain under the Trade Union Act.

Mccarthy V International Brotherhood Of Electrical Workers, Local 625, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on May 25, 1977, pursuant to Section 52 of the Trade Union Act alleging that the Respondents violated Section 52 (f), (g), and (i) of the Trade Union Act;

Construction Association Management Labour Bureau Limited V International Union Of Elevator Constructors, Local 125, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on October 13, 1977, pursuant to Section 49 of the Trade Union Act of Nova Scotia by the Construction Association Management Labour Bureau Limited, Accredited Bargaining Agent on behalf of its member Otis Elevator Company Limited, that on October 11, 1977, an illegal work stoppage commenced and is continuing by employees of Otis Elevator Company Limited at the job site at Bayers Road Tower Two construction project and various other construction jobs as required by the Company in the Province of Nova Scotia, …

Amherst (Town Of) V The Amherst Police Association, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on July 25, 1977, pursuant to Section 26 of the Trade Union Act to exclude the classification of Deputy Chief of Police from the description of the Bargaining Unit contained in L.R.B. No. 1359, dated August 18, 1969;

Northwest Construction Limited V International Union Of Operating Engineers, Local 721, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 20, 1977 for revocation or variation of L.R.B. No. 440C by which the Respondent was certified as Bargaining Agent for a Bargaining Unit consisting of all employees of the Applicant engaged in the operation of cranes, bulldozers, trucks in excess of one ton capacity, and similar equipment, all those primarily engaged in the repairing and maintaining of same, but excluding all other employees, Foremen other than Working Foremen, and those equivalent to the rank of Foreman and above, Office Employees, and those employees excluded by Clauses (i) …

Mckay V Retail, Wholesale & Department Store Union, Local 1015, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 2, 1977, pursuant to Section 27 of the Trade Union Act of Nova Scotia, for Revocation of L.R.B. No. 935, dated June 14, 1965, which certified the Retail, Wholesale & Department Store Union, Local 1015, AFL, CIO, as Bargaining Agent for certain employees of John Hunter Limited (Red & White Foodmaster), Springhill, Nova Scotia, the predecessor of the Intervener employer;

International Union Of Elevator Constructors, Local 125 V Otis Elevator Company Limited, Innis Christie

Innis Christie Collection

A COMPLAINT having been referred by the Minister of Labour to the Construction Industry Panel of the Labour Relations Board, pursuant to Section 34 of the Trade Union Act, in which the Complainant alleged that Otis Elevator Company Limited has violated Section 33 (b) of the Trade Union Act by decreasing rates of wages or terms or conditions of employment of employees to whom notice to bargain had been given;

Kentville Hospital Employees Association V Kentville Hospital Association, Innis Christie

Innis Christie Collection

A COMPLAINT having been referred to the Labour Relations Board (Nova Scotia) by the Minister of Labour pursuant to Section 34 of the Trade Union Act, wherein the Kentville Hospital Employees Association alleged that the Kentville Hospital Association had violated Section 33 (b) of the Act by altering terms of conditions of employment of one employee, namely David Andrews, in relation to whom notice to bargain had been given;

Nova Scotia Government Employees Association V Board Of Governors Of College Of Cape Breton, Innis Christie

Innis Christie Collection

A COMPLAINT having been referred to the Labour Relations Board (Nova Scotia) by the Minister of Labour pursuant to Section 34 (1) of the Trade Union Act in which the Complainant alleged that the College violated Section 33 (a) by failing to made every reasonable effort to conclude and sign a Collective Agreement;

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …

Sex Discrimination In Employment: The Nova Scotia Human Rights Act, Elizabeth Shilton Lennon

Dalhousie Law Journal

Nova Scotia enacted human rights legislation in 1963,2 but it was not until 1972 that the Act was amended to include sex as one of the prohibited grounds of discrimination. 3 Since 1957 women in Nova Scotia had had equal pay protection, 4 but this brought about no noticeable improvement in the status of women in the labour force. Some commentators have suggested that equal pay laws in fact worsened that status by giving employers economic incentives to maintain and consolidate low-paying all-female job ghettoes to avoid the effects of the legislation. 5 Equal pay legislation could have no application …

Recent Developments In Labour Law In Nova Scotia, Brian G. Hansen, John Macpherson, Larry Steinberg

Dalhousie Law Journal

The past two years have been a fruitful time for those in Nova Scotia interested in labour law. During this period, the Supreme Court of Canada has handed down several decisions of relevance in this province, while the Nova Scotia Supreme Court itself has had cause to decide issues of considerable significance. Even more important, the number of written decisions published by the Nova Scotia Labour Relations Board has increased somewhat, with the result that some detail as to the day to day practice of the Board and its interpretation of the Act is now available. This comment will review …

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Re Maritime Employers Assoc And Halifax Longshoremen's Assoc, Ila Local 269, Innis Christie

Innis Christie Collection

Employer Grievance alleging illegal work stoppage.

The facts

On Saturday, May 10, 1975, Halterm Limited ordered 14 men for the work period from 1800 to 0800 hours the following morning, to perform work on M/V "Columbus Australia". The order was for "a fourteen-man gang unit to perform heavy lifts", or words to that effect. Some evidence was led by both parties at the hearing with regard to the exact terminology of this order and there was consid­erable discussion of its significance. Although the point is undoubt­edly of importance to the parties, for the purpose of this grievance I do not …

The Agricultural Labourer In Canada: A Legal Point Of View, Kathryn Neilson, Innis Christie

Innis Christie Collection

The public has recently been made aware of special difficulties affecting farm labour. In August, 1973 the Report of a Federal Department of Agriculture team entitled "The Seasonal Farm Labour Situation in Southwestern Ontario" ' emphasized the deplorable living and working conditions, on some farms at least, of the seasonal labourers hired to harvest field crops in southwestern Ontario. Heavy media coverage erupted almost immediately, and there was renewed coverage in the autumn of 1974. Much less sensationally, through the spring and summer of 1974, the media gave coverage to special efforts by the government at both the Federal and …