Addressing Conflicts in the Unionized Workplace: The Grievance Process

This is the second entry in our blog that focuses on the topic of labour law. In case you missed it, the first entry provided a primer on managing a unionized workplace and you can find it here.

In this blog, we provide some practical tips and tricks for unionized employers to navigate the grievance process. Conflicts in a unionized workplace are almost always addressed through the grievance process. What constitutes a grievance is typically defined by the collective agreement. A grievance is typically defined as any dispute, difference or complaint regarding the application, interpretation or alleged violation of the collective agreement. The parties to the grievance, that is the parties who are entitled to file and respond to a grievance are usually also outlined by the collective agreement. Beyond defining a grievance, the collective agreement will typically also outline the grievance process.

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Practical Tips and Tricks for Managing a Unionized Workforce

Practical Tips and Tricks for Managing a Unionized WorkforceWhile strikes involving high-profile unions like the recently resolved Federal Worker strike are often hot topics in the news, we rarely hear much about the day-to-day relationships between the employer and the union or how those relationships are effectively managed. In this blog, we take a step back from the high-intensity environment of a strike and provide some practical tips and tricks on effectively managing the unionized workforce and the ongoing relationship with a union.

Unionized Workplaces

The number one question I get asked by family, friends and even complete strangers when I tell them I practice labour and employment law is: “What is the difference between labour and employment law?”. Given the passion with which this question is often delivered, this seems to be a burning question on most people’s minds. Ultimately, while labour and employment lawyers all focus on workplace issues and disputes, labour lawyers handle conflicts that arise in workplaces which have a union or unions representing their workers that are bound by the terms of a collective agreement.

Labour law is often focused on helping the parties manage their relationship and find practical solutions to what are often complex problems.

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What’s Remote Work Got to Do With It? A New Era of Collective Bargaining

Collective Bargaining Remote WorkAs a fully virtual firm since 2017, we are big remote working fans. We recognize that, as a result of the pandemic, most work environments have come to accept and adopt remote working With the recent public sector strike, remote work is once again a hot topic. This time however, the conversation has taken a new and interesting direction as the Public Service Alliance of Canada (PSAC) seeks to enshrine the right to remote work in new collective agreements for the hundreds of thousands of workers it represents. 

PSAC announced early Monday morning that it had reached a tentative deal with the Federal Government on behalf of the more than 120,000 Treasury Board workers it represents. At the time of writing this blog, the strike continues for the 35,000 Canada Revenue Agency (CRA) workers who are also represented by PSAC. 

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Don’t Leave it to Luck: Update Employment Contracts Following Substantial Changes to the Job

Update Employment Contracts Following Substantial Changes to the JobWith St. Patrick’s Day having just passed, many of us start to bank on luck at this time of the year. While luck might get you to the end of the rainbow on some things, we wouldn’t recommend that you lean on luck when it comes to non-existent, outdated or incomplete employment contracts. 

The Consequences of Leaving it up to Luck

First, in case you’re new here or need a quick refresher, employment contracts are often recommended by lawyers and adopted by employers to bring a level of certainty to the employment relationship. Employment contracts can achieve a variety of things but generally, they set out the responsibilities and expectations of the employee and employer. If the employment relationship is bound by provincial employment standards legislation (it usually is), then the contract has to, at the very least, uphold the minimum standards of the applicable legislation. 

If your employment contract runs afoul of the applicable employment standards legislation by failing to uphold the minimum standards as required by the law, your contract could be deemed unenforceable. Contracts could also be found to be unenforceable if they fail to comply with the principles of contract law. 

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An Open Dialogue: Black History Month

Black History Month: Equity Diversity and Inclusion in the WorkplaceEvery February, Canadians across the country celebrate the incredible achievements and honour the legacy of Black Canadians during Black History Month. The official theme of this year’s Black History Month is “Ours to tell”. This theme is all about engaging in an open dialogue and committing to learning more about the stories Black Canadians and Black communities have to tell about their histories, successes, sacrifices and triumphs. With a commitment to open dialogue in mind, let’s talk about creating an equitable, inclusive and safe workplace.

What do Equity, Diversity and Inclusion really mean?

Equity, Diversity and Inclusion (EDI) are often talked about, but what do these words really mean when it comes to the workplace? By way of definition, diversity is about a workplace’s composition, inclusion ensures everyone has a voice and is heard, and equity is about making sure everyone has what they need to succeed. This does not mean employees are all treated equally. Employers need to be aware of disadvantaged, vulnerable and marginalized workers and ensure they have fair opportunities at work. 

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A Fresh Year and a Fresh Look At Your Workplace Policies

Workplace policies: A Fresh Year, A Fresh LookAh, the glow of a fresh new year! It’s human nature to use the holiday season and the start of the new year as a time for self-reflection. As Labour, Employment and Contracts lawyers, we can’t help but suggest you also bring this energy to your business and take a fresh look at your workplace policies.

There are many legally required workplace policies here in Ontario, each with legally required components. Beyond those that are legally required, you likely have or want some other workplace policies in place. Read on for a refresher on those legally required policies and tips and tricks for your review.  

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