Ontario Labour Relations Act: Quick Reference, 2011 Edition

Description:

• Clarification of the law related to bad faith bargaining in the context of a strike, when an employer holds to a bargaining position that would not be normal for an employer to maintain
• Clarification of the limited availability of injunctive relief to a struck employer in the context of picketing activity that is directed at a third party, such as a customer or supplier of the employer
• A review of 7-figure damages awarded against a union in a Quebec case that could be a signal of future developments in Ontario, although there are significant differences in the law and it remains doubtful that such damages awards could be achieved in Ontario
• Developments in respect of a union's duty of fair representation, especially where there are conflicting positions between union executive members on the one hand and rank and file members on the other hand
• Clarification that the onus of proof in a duty of fair representation case lies with the complaining member, not the respondent union
• Reinforcement of the principle that a union's successor rights exist to preserve rights, not to expand them
• Full revision and update of construction labour section.