Labour Relations Act — Ontario Employment Law
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About Labour Relations Act
In Ontario, the legal landscape for employees is divided into two distinct streams: one for non-unionized workplaces and another for unionized ones. The rulebook for the latter is the Ontario Labour Relations Act, 1995 (LRA). If you are a member of a union, this Act, along with your collective agreement, fundamentally shapes your rights and the processes for resolving workplace disputes. It governs how unions are formed, the rules of collective bargaining, the conduct of strikes and lockouts, and how conflicts are handled.
The most significant impact of the LRA for an individual worker is the principle of exclusive jurisdiction. As established in landmark cases like Weber v. Ontario Hydro, if the essential character of a dispute arises from the collective agreement, it must be resolved through the grievance and arbitration process defined in that agreement. This means a unionized employee generally cannot sue their employer in court for issues like wrongful dismissal, unjust discipline, or disputes over pay and hours. Instead, they must file a grievance with the support of their union, which may ultimately proceed to a binding hearing before a neutral arbitrator. The Ontario Labour Relations Board (OLRB) is the specialized tribunal that administers the LRA, hearing disputes related to union certification, unfair labour practices by an employer, or complaints that a union has failed in its Duty of Fair Representation to a member. Understanding this framework is the first step for any unionized employee facing a problem at work, as the path to a remedy is entirely different from that of their non-union counterparts. The interaction between a collective agreement and other laws can be intricate, and getting guidance on your specific circumstances is often a wise decision.
Frequently Asked Questions
Can I sue my employer for wrongful dismissal if I'm in a union in Ontario?
Generally, no. Under the Labour Relations Act, disputes concerning termination for unionized employees are handled through the grievance and arbitration process outlined in your collective agreement, not the civil courts. Your union would file a grievance on your behalf.
What is the Ontario Labour Relations Board (OLRB)?
The OLRB is an independent, quasi-judicial tribunal that administers and interprets the Labour Relations Act. It handles matters like union certification applications, unfair labour practice complaints against employers or unions, and disputes during strikes or lockouts.
What can I do if my union won't help me with my problem at work?
The Labour Relations Act imposes a 'Duty of Fair Representation' on unions, meaning they must not act in a manner that is arbitrary, discriminatory, or in bad faith when representing you. If you believe your union has failed in this duty, you can file a complaint against the union at the OLRB.
Are there time limits for filing grievances or complaints under the LRA?
Yes, and they are typically very strict. Collective agreements often specify a short window, sometimes only 5-10 days, to file a grievance after an incident. Similarly, complaints to the OLRB, such as for a breach of the Duty of Fair Representation, also have specific limitation periods.
What's the difference between the Labour Relations Act and the Employment Standards Act?
The LRA governs the relationship between unions and employers, including collective bargaining and dispute resolution. The Employment Standards Act (ESA) sets out minimum standards for most workplaces, unionized or not. While a collective agreement can provide greater rights than the ESA, it cannot provide less.
When should I consult a lawyer about a unionized workplace issue?
You should consider consulting a labour lawyer if you believe your union is not representing you fairly, if your case involves complex jurisdictional questions (e.g., human rights claims alongside contract issues), or if you need independent advice before filing a complaint against your union with the OLRB.
Common Scenarios
- A manufacturing plant worker, who is a union member, is fired for allegedly being late too often. Instead of suing, she contacts her union steward to file a grievance for unjust termination under the collective agreement.
- A nurse in a unionized hospital is denied a promotion she believes she was entitled to based on seniority. Her path to challenge the decision is through the grievance procedure, not a civil lawsuit.
- An employee feels their union hastily settled their discipline grievance for terms the employee did not agree to. The employee considers filing a Duty of Fair Representation complaint against the union at the OLRB.
- During collective bargaining, an employer directly communicates a new offer to employees instead of to the union bargaining committee, prompting the union to file an unfair labour practice complaint for bargaining in bad faith.
What You Should Know
- If you are in a union, your collective agreement is your most important workplace document. Read it to understand your rights regarding pay, discipline, and grievances.
- For any workplace issue, your first point of contact should be your union steward or representative. They are your designated advocate under the Labour Relations Act.
- Pay close attention to timelines. The window to file a grievance after a disciplinary meeting or termination is often extremely short, sometimes only a matter of days.
- Keep detailed, dated notes of all incidents and your communications with both management and your union representatives. This documentation is vital for any future grievance or complaint.
- If you are considering a complaint against your union to the OLRB, seeking advice from a lawyer specializing in labour law can help you understand the process and the strength of your case.
Featured Cases
Hillier v Kerry’s Place Autism Services
2017 ONSC 3483 (CanLII) · 2017-06-08Wrongful Dismissal: Court Determines Jurisdiction and Grants Leave to Amend
A wrongful dismissal case where the court determined the essential character of the claim and granted leave to amend the statement of claim. The court also ruled on jurisdiction and awarded partial indemnity costs to the plaintiff.
FCI Concrete v Buttcon Limited
2017 ONSC 3326 (CanLII) · 2017-05-29FCI Concrete v Buttcon Limited: Labour Relations and Exclusive Jurisdiction
A court determined that claims related to labour relations, including alleged conspiracy, abuse of process, and inducing breach of contract, fell under the exclusive jurisdiction of the Ontario Labour Relations Board. The court applied the 'essential character' test to determine that the claims were rooted in labour relations issues and not torts.
Morris v. Manufacturers Life Assurance Co.
2005 CanLII 4580 (ON SC) · 2005-02-24Unionized Employee Disability Benefits: Arbitrability Under Collective Agreement
A merits decision involving a unionized employee seeking long-term disability benefits under a collective agreement. The court addressed whether the dispute falls within the exclusive jurisdiction of a labour arbitrator and whether claims of negligence, bad faith, and punitive damages require court adjudication or fall under arbitration. The plaintiff’s action was dismissed in favour of arbitration, with costs awarded to the defendants.
Downey v. Leitner
2004 CanLII 34927 (ON SC) · 2004-10-13Union Discipline and Defamation: Motion to Strike Granted
A civil procedure case involving a motion to strike portions of the defendant's Statement of Defence, with issues related to issue estoppel, jurisdictional challenges, and the Labour Relations Act. The court granted the motion to strike under Rule 21.01(b), finding the pleadings irrelevant or incapable of supporting the defences raised. The case also addresses whether union discipline procedures preclude civil defamation claims and whether issue estoppel applies in such contexts.
Bujold v. Taylor
2003 CanLII 6322 (ON SC) · 2003-01-06Defamation Claim and Arbitration: Unionized Employee vs. Collective Agreement
A merits decision involving a unionized employee who brought a defamation claim in court, with the defendants arguing the dispute must be resolved through arbitration under the Collective Agreement. The court considered whether the claim falls within the arbitration regime under the Labour Relations Act and whether defamation claims arising from the employment relationship are subject to arbitration.
Duncan v. Cadillac Fairview Corp.
1999 CanLII 15032 (ON SC) · 1999-08-06Union Settlements and Employee Rights: Binding Authority Under Labour Relations Act
A case addressing whether union certification authorizes a union to bind individual employees to settlements without their consent, and whether a plaintiff can bring tort claims against an employer after a union settlement. The court ruled that certification alone does not bind employees to settlements without their consent and that tort claims predating a collective agreement are not subject to its arbitration procedures.
Toronto Transit Commission v. Ryan
1998 CanLII 14635 (ON SC) · 1998-01-15Labour Relations Board Directions: Enforceability and Procedural Compliance
A merits decision involving the enforceability of Labour Relations Board directions under the Labour Relations Act, 1995. The employer failed to comply with section 102 by not filing the direction exclusive of reasons, and the court held that strict compliance with statutory requirements is mandatory for enforceability. The case also addresses whether ambiguous directions can be enforced through contempt proceedings and whether procedural defects in contempt applications invalidate them.
Ontario (Minister of Community & Social Services) v. Ontario Crown Employees Grievance Settlement Board
1997 CanLII 16262 (ON SC) · 1997-03-14Wrongful Dismissal: Employee Dismissed for Sexual Assault and Evidentiary Ruling Challenged
A merits decision involving a wrongful dismissal case where an employee was dismissed for sexual assault, and the Ontario Crown Employees Grievance Settlement Board refused to admit a certificate of conviction as prima facie evidence of assault. The court ruled that the Board's evidentiary decision was patently unreasonable and contrary to statutory duties under the Labour Relations Act.
Kulyk v. Toronto Board of Education
1996 CanLII 8125 (ON SC) · 1996-08-26Wrongful Dismissal and Collective Agreement Jurisdiction in Employment Law
A merits decision involving a wrongful dismissal and constructive dismissal claim under a collective agreement, with questions about the jurisdiction of grievance-arbitration under the Labour Relations Act, 1995, and whether claims of sexual harassment and discrimination can be pursued as independent torts in civil court.
United Steelworkers of America, Local 12998 v. Liquid Carbonic Inc.
1996 CanLII 11787 (ON SC) · 1996-06-12Labour Relations Act: Compensation in Lieu of Reinstatement in Grievance Arbitration
A merits decision involving a grievance arbitration where an arbitrator awarded compensation in lieu of reinstatement after finding no just cause for dismissal. The case examines whether the Labour Relations Act permits such compensation as a lesser penalty and the applicable standard of review for judicial review of the arbitrator’s decision.
Sobeys Inc. v. United Food & Commercial Workers' International Union, Local 1000A
1993 CanLII 8631 (ON SC) · 1993-07-30Labour Relations Case: Sobeys Inc. and UFCW Local 1000A
A labour relations case involving Sobeys Inc. and United Food & Commercial Workers' International Union, Local 1000A, addressing issues under the Labour Relations Act, R.S.O. 1990, c. L.2, s. 65.
Electrical Power Construction Systems Assn. v. Ontario Allied Construction Trades Council
1993 CanLII 8476 (ON SC) · 1993-03-30Labour Relations Board Jurisdiction: Collective Agreement Damages Dispute
A judicial review case concerning whether the Ontario Labour Relations Board erred in concluding it lacked jurisdiction to award damages against an employee for breaching a collective agreement. The case also addresses whether the Board can award damages under the Labour Relations Act even in the absence of an express provision in the agreement.
C.U.P.E. Local 1394 v. Extendicare Health Services Inc. (Ont.Div.Ct.)
1990 CanLII 6904 (ON SC) · 1990-01-26Labour Relations Grievance Arbitration Case Under Ontario Labour Relations Act
A labour relations case involving grievance arbitration and judicial review under the Labour Relations Act, R.S.O. 1980, c. 228, s. 106(1).
Cambridge Towel Corp. v. A.C.T.W.U. (Div. Ct.)
1988 CanLII 4848 (ON SC) · 1988-12-08Termination Under Collective Agreement: Notice Requirements Deemed Procedural
A merits decision involving the termination of employment under a collective agreement, addressing whether failure to comply with notice requirements renders the termination null and void. The arbitration board held that non-compliance nullifies dismissal, but the court found this interpretation patently unreasonable as notice constitutes a procedural protection, not a substantive right.
Metropolitan Toronto Civic Employees' Union v. Metropolitan Toronto (Municipality) (Ont. Div.Ct.)
1988 CanLII 4692 (ON SC) · 1988-05-20Labour Arbitration: Job Classification Adjustments and Additional Evidence
A labour and employment case involving an arbitration board's decision to seek additional evidence on six job classifications. The board rejected the employer’s salary survey and the union’s single employer theory, referring the matter back for further evidence. The union applied for judicial review, questioning whether the board had the authority to require additional evidence under section 44(8) of the Labour Relations Act.
Cadillac Fairview Corp. Ltd. v. R.W.D.S.U. (Div. Ct.)
1987 CanLII 4319 (ON SC) · 1987-11-30Union Organizing Dispute: Employer Interference and Labour Relations Act
A labour relations case involving a shopping centre's alleged interference with union organizing during a certification drive. The court examined whether the management acted on behalf of the employer under section 64 of the Labour Relations Act and whether the Labour Relations Board's order allowing union access to private property infringed on the applicants' rights under the Trespass to Property Act.
Re Windsor Western Hospital Centre Inc. and Mordowanec et al.
1986 CanLII 2635 (ON SC) · 1986-08-05Labour Relations Act: OLRB Jurisdiction and Union Duty of Representation
A labour and employment case involving disputes over the Ontario Labour Relations Board's (OLRB) jurisdiction to order a recommencement of arbitration after a final and binding award, as well as allegations of union breach of duty of fair representation and employer interference with union rights.
Re Metropolitan Toronto Civic Employees' Union, Local 43, Canadian Union of Public Employees and Municipality of Metropolitan Toronto et al.
1985 CanLII 2088 (ON SC) · 1985-04-03Estoppel in Grievance Arbitration: Pre-Employment Retirement Promises
A grievance arbitration case involving employees who claimed estoppel based on pre-employment promises regarding retirement benefits. The arbitration board dismissed the grievance, citing lack of jurisdiction. The case examines whether labour arbitrators can apply estoppel in disputes related to collective agreements and pre-employment representations.
Re Great Atlantic & Pacific Co. of Canada Ltd. and United Food & Commercial Workers International Union, Locals 175 and 633 et al.
1984 CanLII 1983 (ON SC) · 1984-05-03Grievance Arbitration: Employee Discharged for Theft and Reinstatement Conditions
A grievance arbitration case involving an employee discharged for theft, where the arbitrator imposed conditions on reinstatement, including a permanent record of the incident and future penalties without grievance rights. The court upheld the permanent record condition but quashed the removal of future grievance rights, finding it contravened the Labour Relations Act and collective agreement.
Bourne v. Otis Elevator Co. Ltd.
1984 CanLII 5823 (ON SC) · 1984-03-07Wrongful Dismissal and Collective Agreements: Court Jurisdiction and Severance Pay
A wrongful dismissal case involving an employee covered by a collective agreement who brought a claim in court despite an arbitration clause. The case examines whether the court has jurisdiction to hear the claim under the Labour Relations Act and whether the employee can claim severance pay when the collective agreement does not explicitly address it.