Legal
 

September 11, 2006: OPSEU Submission to the Standing Committee on Justice Policy in respect of Bill 14, the proposed legislation that provides for the regulation of paralegals. 

Submissions by the Ontario Public Service Employees Union 

Speaking notes of Mike Grimaldi, Executive Assistant to the President of the Ontario Public Service Union 

Legal Updates

Update 42 Court Affirms Damage Payments to Union Members in Young Offender Divestments

Update 41 December 21, 2004 Ruling Aimed at Fixing Racism in Corrections Upheld on Appeal: McKinnon v. MCS

November 4, 2004 OPSEU's Summary of proposed Labour Law changes

Update 40 January 7, 2004  Wide ranging ruling aimed at fixing racism in Corrections upheld on appeal.

Update 39 December 3, 2003 Bill C-45: Impact on Unions

Update 38 November 7, 2003 Supreme Court of Canada rules arbitrators are usually bound by the grievor’s criminal conviction

Update 37 September 22, 2003 OPSEU Win in Supreme Court of Canada – Court Affirms Arbitrators Can Require Management Rights to be Exercised in Accordance with Human Rights

Update 36 July 3, 2003 Dismissal Overturned:  High Workload and Poor Supervision Contributed to Misconduct and Poor Job Performance

Update 35  June 25, 2003 The Public Service Act Issues of OPSEU Members Can Only Be Pursued Through the Union

Update 34  June 18, 2003 Pension Plan Is Not Incorporated Into Collective Agreement But The Board Still Finds It Arbitrable Based On Non Discrimination Clause In Collective Agreement

Update 33  June 11, 2003 Update: Further Developments in Wide Ranging Rulings Aimed at Addressing Racism in Corrections - Distribution of Summaries to all Ministry Employees

Update 32  March 30, 2003 Summary of how the Tory re-election program deals with unions: "The Road Ahead" for a "Worker's Bill of Rights".

Update 31  March 21, 2003 Court of Appeal Affirms Prohibition Against Individual Bargaining

Update 30  February 27, 2003 Highlights of proposed Federal "Public Service Modernization Act".

Update 29  December 18, 2002 OPSEU Takes Two Cases to the Supreme Court of Canada A) OPSEU v. Ministry of Community and Social Services: Does a criminal conviction take away an arbitrator’s right to evaluate all the evidence and to rule in favour of the employee? B) OPSEU and Parry Sound: Does a rights arbitrator have the power to rule on a human rights discrimination claim made on behalf of a probationary employee where the collective agreement does not allow grievances concerning probationary discharges?

Update 28 December 16, 2002 Implications Of Weber V. Ontario Hydro A) Lawsuits Cannot Be Commenced When The Issue Is Covered By The Collective Agreement,  B) An Arbitrator’s Remedial Jurisdiction May Be Expanded

Update 27  December 13, 2002 Wide Ranging Ruling Aimed At Fixing Racism In Corrections: Mckinnon V. Mcs

Update 26  September 23, 2002 Arbitrators’ Authority to Rectify Collective Agreements Affirmed by Ontario Court of Appeal

Update 25  Mar 1, 2002 During a Strike, Courts Should Not Limit the Number of Picketers Unless/Until There Is Non-Compliance with the Injunction

Update 24  Mar 1, 2002 OLRB Rules OPSEU Is Entitled to Receive Employee Home Addresses and Phone Numbers for Bona Fine Union Purposes

Update 23 Feb 01, 2002 Secondary picketing now legal, but significant restrictions apply

Update 22 Feb 02/01 A Union has a Right to the Names, Addresses and Telephone Numbers of Bargaining Unit Members

Update 21 Dec 21/00 Unionized Judges’ Secretaries Do Not Threaten Judicial Independence

Update 20  Dec 11/00 Arbitrability of Insurance Claims: Update

Update 19  Dec 11/00  Additional Religious Holidays Can be Accommodated by Scheduling Practices

Update 18 Nov 22/00 Court Of Appeal Stops Appointment Of Retired Judges As HLDAA Arbitrators

Update 17 July 20/00 Divisional Court Says Unions Cannot Challenge Criminal Convictions At Arbitration, But That Decision Is Under Appeal

Update 16  June 6/00 Supreme Court of Canada Affirms that Transfer of Employees Can be a "Sale of a Business"

Update 15 Apr 5/00  HLDAA will apply in the Developmental Services Sector if some of the clients live in residences and are completely dependent on daily living care

Update 14 Mar 28/00 Changing or Adding Demands May be Bargaining in Bad Faith

Update 13 Mar 28/00 Supreme Court Refuses to hear Appeal in Soldiers Memorial. Includes original summary of decision: Human Rights Code Guarantees that Disabled Employees Absent from Work Accrue Seniority, Even if the Collective Agreement Tries to Cap that Accrual

Update 12 Union members cannot sue their union, its staff or activists for mishandling grievances.

Update 11 Criminal Law Issues:  Does a member have to answer questions asked by either the employer or the police? Members arrested by police - conditions of release to include non-attendance at workplace and/or non-association with staff or clients

Update 10 Confirmation, again, that the charter will not help people who want to join unions

Update 9 Union members involved in a labour dispute with their employer can peacefully distribute leaflets to consumers at secondary sites of the employer.

Update 8   Employers have to set reasonable performance standards that accommodate disadvantaged groups if possible

Update 7  During the OLRB bargaining freeze period, the employer cannot unilaterally change working conditions that are typically bargained

Update 6  Workplace alcohol and drug testing:  It is not allowed unless there is a real workplace substance abuse problem that can't be fixed any other way

Update 5  Any ambiguity in any job security agreement (including the OPS Reasonable Efforts Agreement) should be interpreted to maximize job security.

Update 4  Where innocent absenteeism has been excessive, a discharged grievor must be able to show why this will not continue

Update 3   Update on Freedom of Speech in the Union Context: Speaking Freely, but Truthfully, and not Maliciously

Update 2   Update on employer entitlement to contact the employee's physician

Update 1   Update about whether Arbitrators can deal with civil claims for defamation, negligence, intentional infliction of mental distress,  malicious prosecution, etc.