Collective Bargaining — Ontario Employment Law

Ontario Public Service Employees Union et al. v. The Crown in Right of Ontario

Charter Challenge: Freedom of Association in Public Sector

This is a merits decision regarding a Charter challenge to the government's cancellation of a Task Force via Order in Council. The court applied the test from Health Services and Mounted Police to determine if there was substantial interference with freedom of association and collective bargaining rights. The application was dismissed as the government was not responsible for the inability to exercise associational rights, and the Task Force Letter of Understanding did not bind the Government.

Ontario Public Service Employees Union v. Ontario (Attorney General)

Union Strike Termination: Charter Rights Appeal

This is an appeal to the Court of Appeal from an application judge's decision about the constitutionality of back-to-work legislation. The parties were the Ontario Public Service Employees Union and the Government of Ontario. The application judge dismissed the union's challenge to the legislation. The Court of Appeal decided that while the legislation limited the workers' right to strike, this limit was justified to prevent harm to college students from losing their academic year. The appeal was dismissed and the union was ordered to pay $50,000 in costs.

Canadian Union of Postal Workers v. Canada

Union Challenge to Back-to-Work Legislation

This is a constitutional challenge brought by a union against back-to-work legislation (the Postal Services Resumption and Continuation Act) that restricted collective bargaining and the right to strike. The court assessed whether the legislation substantially interfered with freedom of association under section 2(d) of the Charter and whether the infringement was justified under section 1. The case also addressed procedural issues regarding mootness due to the expiration of the legislation and the appropriateness of the remedies sought.

Amalgamated Transit Union, Local 113 v. Ontario

TTC Strike Ban: Charter Rights Appeal

This is an appeal concerning the constitutionality of the Toronto Transit Commission Labour Disputes Resolution Act, 2011, which eliminated the right to strike for TTC employees and replaced it with binding interest arbitration. The Court of Appeal for Ontario reviewed whether the Act violated section 2(d) of the Charter (freedom of association) and whether the infringement was justified under section 1.

Ontario English Catholic Teachers Association v. Ontario (Attorney General)

Bill 124 Constitutionality: Collective Bargaining Rights

This is an appeal concerning the constitutionality of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124). The Court of Appeal for Ontario determined whether the legislation's compensation cap substantially interfered with the right to collective bargaining under section 2(d) of the Charter and whether any such infringement was justified under section 1.

International Union of Operating Engineers, Local 793 v 1476247 Ontario Ltd.

Labour Relations: Final Offer Vote & Pattern Agreements

This is a judicial review of a decision by the Ontario Labour Relations Board concerning collective bargaining in the construction industry. The Divisional Court examined whether the Board erred in law by requiring the union to object to a Minister's direction for a final offer vote, acted unreasonably in ordering the execution of a pattern-breaking agreement, and breached natural justice through its expedited process under section 100 of the Labour Relations Act, 1995.

ATU Local 113 v HMQRO

ATU Local 113 v HMQRO: Strike Ban Unconstitutional

This is a constitutional challenge brought by a union against the Toronto Transit Commission Labour Disputes Resolution Act, 2011, which prohibited TTC employees from striking. The court found that the prohibition on the right to strike substantially interfered with meaningful collective bargaining under section 2(d) of the Charter and was not justified under section 1. Consequently, the Act was declared unconstitutional.

Ontario English Catholic Teachers Assoc. v. His Majesty

Bill 124 Unconstitutional: Collective Bargaining Rights

This is a constitutional challenge regarding the constitutionality of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124). The court examined whether the legislation's wage cap and restrictions substantially interfered with the freedom of association and collective bargaining rights protected under section 2(d) of the Charter. The court found that Bill 124 violated section 2(d) and that this infringement could not be justified under section 1 of the Charter.

Ontario English Catholic Teachers’ Association v. Ontario Catholic Schools Trustees’ Association

Judicial Review: PPS Provisions in Collective Bargaining

This is a judicial review of an arbitrator's decision concerning the classification of preparation, planning, and supervision (PPS) provisions as central or local terms under the School Boards Collective Bargaining Act, 2014. The Divisional Court applied a reasonableness standard of review to determine if the arbitrator's interpretation was consistent with the statutory scheme and legislative intent. The court upheld the arbitrator's decision that PPS provisions were local terms, finding the interpretation reasonable.

Nova Chemicals (Canada) Limited v. Unifor Local 914

Judicial Review: Labour Arbitration Estoppel DB Plan

This is a judicial review of a labour arbitration award concerning collective bargaining and the doctrine of estoppel. The Divisional Court assessed whether the arbitrator's determination that the employer was estopped from freezing a Defined Benefit (DB) Plan was reasonable under the Vavilov standard. The Court found the arbitrator's reasons were coherent and rational, and found the finding of detrimental reliance by the Union reasonable.

Ontario Catholic Schools Trustees’ Association v. Ontario English Catholic Teachers’ Association

Judicial Review: OLRB Central Bargaining Mootness

This is a judicial review of an interim procedural decision by the Ontario Labour Relations Board concerning the scope of central bargaining under the School Boards Collective Bargaining Act. The Divisional Court found the issues moot as the parties had agreed on the scope, and exercised discretion against hearing the moot applications due to the lack of public importance.

Society of United Professionals v. New Horizon System Solutions

This is an appeal to the Court of Appeal from a Divisional Court decision dismissing a judicial review of Ontario Labour Relations Board decisions about an employer's disclosure obligations. The Society of United Professionals alleged that New Horizon System Solutions interfered with union representation and the duty to bargain in good faith by refusing to disclose an unredacted commercial contract. The Board ordered partial disclosure but otherwise dismissed the applications, and the Divisional Court upheld the Board's decisions as reasonable. The Court of Appeal dismissed the union's appeal, finding that the Board's rulings on the scope of the employer's disclosure obligations were justified and consistent with established jurisprudence. The Board's orders for partial disclosure stand.

Deloitte Restructuring Inc. v. United Food and Commercial Workers Int’l Union Loc. 175

Successor Employer in Receivership: Judicial Review

This judicial review concerns whether a receiver operating an insolvent business qualifies as a 'successor employer' under the Labour Relations Act, 1995. The Divisional Court upheld the Ontario Labour Relations Board's decision, applying a broad and liberal interpretation to preserve collective bargaining rights and finding that the Bankruptcy and Insolvency Act does not immunize receivers from such declarations.

Enercare Home & Commercial Services v. UNIFOR, Local 975

Judicial Review: Related Employer Declaration Remitted

This is a judicial review of an Ontario Labour Relations Board decision declaring Enercare, Ganeh, and Beaver as related employers under the Labour Relations Act, 1995. The Divisional Court reviewed whether the Board's decision was unreasonable due to alleged failures to consider relevant context and bargaining history. The Court confirmed the standard of review as reasonableness and remitted the matter for a fresh hearing.

Hamilton v. Attorney General of Ontario

Hamilton v. AG Ontario: Freedom of Association

A constitutional challenge to the Collective Bargaining Act, 2001, focusing on whether the legislation violated the Charter of Rights and Freedoms by infringing upon the freedom of association. The case addresses the legal validity of statutory restrictions on collective bargaining rights for public sector employees.

C. v. Attorney General of Canada

C. v AG Canada: Seniority Rights & Charter

This is a constitutional challenge regarding whether seniority rights based on date of hire are protected under the Charter of Rights and Freedoms. The court held that seniority is a collective bargaining concept rather than a vested constitutional right, and thus no Charter violation was found.

College Employer Council v Ontario Public Service Employees Union

Judicial Review: Union Certification under Colleges CBA

This is a judicial review application concerning the certification of a union under the Colleges Collective Bargaining Act, 2008. The Divisional Court reviewed the Labour Relations Board's interpretation of statutory terms regarding certification votes and workforce fluctuation, finding the Board's decision reasonable.

G. v. Canada (Attorney General)

Public Sector Wage Restraint: Charter s. 2(d) Appeal

This is an appeal concerning the constitutionality of the Expenditure Restraint Act (ERA) and the government's conduct during collective bargaining with public sector unions. The Court of Appeal for Ontario upheld the legislation, finding that the wage restraint measures and hard bargaining did not substantially interfere with the unions' freedom of association rights under section 2(d) of the Charter, and that any such interference was justified under section 1.

Ontario Refrigeration and Air Conditioning Contractors Association v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada Local 787

Judicial Review: Arbitrator's Province-Wide Bargaining Unit Jurisdiction

This is a judicial review of a Divisional Court decision concerning an arbitrator's jurisdiction to issue a province-wide award under the Labour Relations Act, 1995. The Court of Appeal for Ontario determined that the standard of review for the arbitrator's jurisdictional determination was reasonableness. The court upheld the arbitrator's decision, finding it reasonable as it avoided fracturing the bargaining unit and aligned with the parties' long-standing practice.

Canadian Union of Postal Workers v Her Majesty in Right of Canada

Postal Workers v Canada: Charter Rights to Strike

This is a constitutional challenge brought by the Canadian Union of Postal Workers against the federal government regarding the Restoring Mail Delivery for Canadians Act. The court found that the legislation, which prohibited strike activity and imposed final offer selection arbitration, violated the union's freedom of association and expression under sections 2(d) and 2(b) of the Charter. The violations were not justified under section 1, and the court issued a declaration of invalidity rather than awarding damages.