Collective Bargaining Jurisprudence

Canadian jurisprudence following the 2007 Supreme Court of Canada decision in Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27. This decision significantly changed the landscape in the treatment of collective bargaining rights by recognizing for the first time the constitutional right to collective bargaining under the freedom of association provision (section 2(d)) in the Canadian Charter of Rights and Freedoms.

The decisions following Health Services have been reviewed with respect to how this case has been applied by labour arbitrators, labour tribunals and the courts in the pursuit of collective bargaining rights. The review has been limited to those cases publicly available at www.canlii.org - CanLII is a non-profit organization managed by the Federation of Law Societies of Canada.

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CUPE v. PNB

2009 NBQB 164 (CanLII) Court of Queen's Bench of New Brunswick — New Brunswickcasuals — collective bargaining — employees — workers — casual cited by 2 cases CUPE challenged the definition of “employee” in N.B.’s Public Service Labour Relations more...

 New Brunswick June 2009

Gil-Son Construction Limited v. International Brotherhood of Electrical Workers, Local 625

2009 NSLRB 9 (CanLII) Nova Scotia Labour Relations Board — Nova Scotiaemployees — certification — constitutional — bargaining — union The employer sought to have a certification in favour of the union overturned. The employer challenged the more...

 Nova Scotia August 2009

Réseau de transport de la capitale c. Syndicat des salariés(ées) d’entretien du RTC, CSN inc.

 2009 QCCRT 420 (CanLII) Commission des relations du travail — Quebecpostes — convention collective — négociation — nouveau garage — travail cited by 1 case The employer filed an unfair labour practice complaint against the union arguing that the more...

 Quebec September 2009

United Food and Commercial Workers Union, Local 401 v. Old Dutch Foods Ltd.

2009 CanLII 61316 (AB LRB) Alberta Labour Relations Board — Albertacollective bargaining — union security — formula — dues — employees The union argued before the Labour Board that the employer failed to bargain in good faith by failing to make more...

 Alberta November 2009

Independent Electricity Market Operator v. Canadian Union of Skilled Workers

2009 CanLII 66091 (ON LRB)  Ontario Labour Relations Board — Ontario, reversed on judicial review, Independent Electricity System Operator v. Canadian Union of Skilled Workers, 2011 ONSC 81 – Leave granted by the Ontario Court of Appeal on 2011-07 more...

 Ontario November 2009

Plourde v. Wal-Mart Canada Corp.

2009 SCC 54, [2009] 3 SCR 465 Supreme Court of Canada — Canada (Federal)employer — closure — anti-union conduct — presumption — closing cited by 37 cases   The union to which Plourde belonged was certified to represent the employees of Wal-Mart more...

 Federal Government November 2009

Laporte c. Institut Philippe-Pinel de Montréal

2009 QCCA 2345 (CanLII) Court of Appeal — Quebec réfutation — travail — libertés — permission d appeler — attribut cited by 1 case Relying on B.C. Health Services, a union delegate claimed a breach of her Charter right to collective bargaining more...

 Quebec December 2009

Canadian Union of Public Employees, Local 3967 v. Regina Qu’Appelle Health Region

2010 CanLII 5199 (SK LRB) Saskatchewan Labour Relations Board — Saskatchewanstoppage to maintain essential services — employees — strike — round of collective bargaining — work stoppage to maintain essential In 2008, the Saskatchewan Government more...

 Saskatchewan February 2010

Alberta Union of Provincial Employees v. Alberta Health Services

 2010 ABQB 344 (CanLII) Court of Queen's Bench — Albertacollective bargaining — region-wide functional bargaining units — employees — region-wide functional bargaining unit — successorship cited by 1 case On judicial review, the Court upheld the more...

 Alberta May 2010

Westfair Foods Ltd. v. United Food and Commercial Workers International Union, Local 1518,

2010 CanLII 58300 (BC LRB) Labour Relations Board — British Columbiacollective bargaining — collective agreement — proposal — negotiations — store The union complained before the Labour Board that the employer failed to bargain in good faith for more...

 British Columbia October 2010

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