Table Of Content

UNIVERSITY OF TORONTO FACULTY of LAW PUBLIC SECTOR LABOUR LAW CASES AND MATERIALS VOLUME 1 Tim Hadwen Richard A. Blair University of Toronto Faculty of Law Winter 2012 BORA LASKiN LAW LIBRARY JAN - 3 2012 FACULTY OF LAW UNIVERSITY OF TORONTO PUBLIC SECTOR LABOUR LAW CASES AND MATERIALS VOLUME 1 Tim Hadwen Richard A. Blair University of Toronto Faculty of Law Winter 2012 Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/publicsectorlabo01hadw TABLE OF CONTENTS Unit 1 - Purpose of Public Sector Labour Law and Statutory Frameworks 1-2 Selected List of Statutes 1-3 Excerpt — Crown Employees Collective Bargaining Act 1-19 Excerpt from Ontario Public Service Employment Labour Law, Hadwen, Strang, Marvy and Eady, Irwin Law, 2005 1-21 Wellington, Harry H. and Winter, Ralph K. Jr., The Limits of Collective Bargaining in Public Employment (1969) Faculty Scholarship Series, Yale Law School 1-43 Swimmer, Gene and Bartkiw, Tim, The Future of Public Sector Collective Bargaining in Canada, Journal of Labour Research, Volume XXSIV, Number 4, Fall 2003, excerpt 1-57 Statistics Canada, Unionization 2011 1- 60 Statistics Canada, Chart B Unit 2 - Issues in Access to Collective Bargaining, Structure of Bargaining Units, and Choice of Bargaining Agents 2- 2 Excerpts from Ontario Public Service Employment Labour Law, (Hadwen, Strang, Marvy, and Eady, Irwin Law, 2005 2-6 Excerpt from Ontario Public Service Employment Labour Law, Hadwen, Strang, Marvy and Eady, Irwin Law, 2005 2-17 Colleges Collective Bargaining Act, Schedule 1 2-20 Ontario Provincial Police Collective Bargaining Act (excerpt) 2-23 Historical Overview of Teachers’ Collective Bargaining in Ontario 2-40 Education Act, s. 277.3 - 277.78 2-45 Fire Protection Act, s. 45 - 46 2-46 Discussion Paper, “Functional Bargaining Units in Alberta’s Health Care Industry” Alberta Labour Relations Board Discussion Paper [1977] Alta. L.R.B.R. DP-003 2-52 Excerpts from Stratford General Hospital, [1976] OLRB Rep. Sept. 459 2-66 Memorandum between Governing Council and the University of Toronto and the University of Toronto Faculty Association 2-80 Excerpt from Strofolino v. Helmstadter, 2001 CanLii 27985 (ON SC) 2-91 History of the Association of Law Officers of the Crown Unit 3 - Exclusions and Inclusions from Collective Bargaining 3-2 Exerpts from the report of Special Advisor His Honour Judge Walter Little, Collective Bargaining in the Ontario Public Service, May 1969 3-11 University of Windsor Faculty Association, [1977] OLRB Rep. May 300 3-18 O.T.F. v. Ontario (Attorney General), 2000 CarswellOnt. 1988, Ontario Court of Appeal 3-30 Ontario Public Service Employees Union v. The Crown in Right of Ontario, [1998] OLRB Rep. May/June 400 3-38 O.P.S.E. U. v. Ontario, 2000CarswellOnt 4709, Ontario Court of Appeal 3- 43 Mounted Police Association of Ontario v. Canada (Attorney General), 2009 CanLII 15149 (ONSC) Unit 4 - Statutory Employment Schemes 4- 2 Excerpt from Ontario Public Service Employment Labour Law, Hadwen, Strang, Marvy and Eady, Irwin Law, 2005 4-6 Excerpts from A Strong Foundation - Report of the Task Force on Public Service Values and Ethics, Canadian Centre for Management Development, Government of Canada 4-18 OPSEU (Union Grievance/Bliss et al.) v. The Crown in Right of Ontario (Ministry of Health), Decision of the Ontario Public Service Grievance Settlement Board, GSB #80/93, 399/93, March 13, 1995 4-27 Excerpt from Ontario Public Service Employment Labour Law, Hadwen, Strang, Marvy and Eady, Irwin Law, 2005 4-31 “Staffing Policy”, Public Service Commission Directives, HR Policy & Planning Branch, HR Management and Corporate Policy Division, HROntario, Ministry of Government Services 4-37 A New Public Service Act for Ontario - Consultation Paper, Ontario Ministry of Government Services, March 2006 4-45 Ontario Public Service Employees Union (Group Grievance) v. The Crown in Right of Ontario (Ministry of Correctional Services), Decision of the Ontario Public Service Grievance Settlement Board, GSB #1999/98, March 1, 2002 4-50 “The Public Service of Ontario Act - Questions and Answers for Public Servants”, Ontario, August 2007 4- 59 Regina Police Assn. v. Regina (City) Board of Police Commissioners, [2000] 1 S.C.R. 360 (excerpt) Unit 5 - Common Law of Public Sector Employment 5- 2 McKinley v. BC Tel, [2001] S.C.J. No. 40 (excerpt) 5-7 Levis (City) v. Fraternite despolicies de Levis Inc., [2007] S.C.J. No. 14 (excerpt) 5-12 Ontario (Provincial Police) v. Favretto, 72 O.R. (3d) 681 (Ontario Court of Appeal 5-22 Peel (County) Board of Education v. O.S.S.T.F., 2002 CarswellOnt 2430 (excerpt) 5-34 Wellington Board of Education and O.S.S.T.F., Re, [1991] O.L.A.A. No. 129 5-41 Fraser v. Canada (Public Service Staff Relations Board), [1985] S.C.J. No. 71 (excerpt) 5-42' Alberta Union of Provincial Employees v. Alberta, 218 D.L.R. (4th) 16 (excerpt) 5-57 Shaw v. Deputy Head (Department of Human Resources and Skills Development), [2006] C.P.S.L.R.B. No. 126 5-69 Ontario Public Service Employees Union v. The Crown in Right of Ontario (Ministry of Community and Social Services) and Frank Drea, Decision of the Ontario Public Service Labour Relations Tribunal, Decision #T/7/84 5-78 Osborne v. Canada (Treasury Board) [1991] 2 S.C.R. 69 (excerpt) Unit 6 - Restricted Bargaining and Bargainability 6-2 Public Sector Bargaining; Some Basic Considerations, Finkleman, Jacob, address to a conference on “Current Problems in Public Sector Bargaining”, Queen’s University, Kingston, Ontario, January 15 1976 6-13 Safety Belt or Strait-Jacket? Restrictions on the Scope of Public Sector Collective Bargaining, Kenneth P. Swan, in “Essays on Collective Bargaining and Industrial Democracy”, England and Lerner, ed., CCH, 1983 6-24 Excerpt from Ontario Public Service Employment Labour Law, Hadwen, Strang, Marvy and Eady, Irwin Law, 2005 6-28 Toronto Catholic District School Board v. Ontario English Catholic Teachers’ Association (Toronto Elementary Unit), Ontario Court of Appeal, 2001 CanLii 8597 6-36 Ontario Regulation 492/01 under the Education Act 6-37 Parry Sound (District) Social Services Administration Board v. O.P.S.E. U., Local 324, [2003] 2 S.C.R. 157 (Excerpt) 6-46 Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27 Unit 7 - Bargaining in the Public Sector in the absence of restrictions - selected examples 7-2 Collective Agreement between the Ontario Public Service Employees Union and the Crown in Right of Ontario, 2004 - 2008 agreement (excerpt - Appendix 9, Job Stability 7-6 Ontario (Ministry of Transportation) and O.P.S.E. U., [1997]O.G.S.B.A. No. 3 7-2 2 Collective Agreement between OPSEU and the Crown, (current), Appendix 18 2-32 Kawartha Pine Ridge District School Board v. Elementary Teachers’ Federation of Ontario (Preparation Time Grievance) [2007] O.L.A.A. No. 390 7-39 St. Joseph’s Health Care Hamilton v. Ontario Nurses Assn. [2009] O.L.A.A. No. 432 Unit 8 - Essential Services 8-2 International Labour Organization, Committee on Freedom of Association, Digest of Decisions, 2006 8-10 OPSEU v. The Crown in Right of Ontario as Represented by Management Board of Cabinet - Essential and Emergency Services, [1995] OLRB Rep. June 735 8-17 Ontario (Management Board of Cabinet), [2002] O.L.R.D. No. 1293 8-21 Essential Services Agreement (Correctional Bargaining Unit) between OPSEU and Management Board of Cabinet 8-31 Beacon Hill Lodge v. BCNU and HEU, [1986] B.C.L.R.B.D. No. 2 8- 40 Excerpt from Bernard Adell, Michel Grant and Allen Ponak, Strikes in Essential Services, IRC Press, Industrial Relations Centre, Queen's University, 2001 Unit 9 - Constitutional Developments 9- 2 Ontario (Attorney General) v. Fraser,, [2011] S.C.J. No. 20 (Excerpt) 9-14 Association of Justice Counsel v. Attorney General of Canada, 2011 ONSC 6435 9-42 Federal Government Dockyard Trades and Labour Council v. Canada (Attorney General), [2011] B.C.J. No. 1697 (excerpts) Unit 10 - Interest Arbitration 10-2 Resolution of Interest Disputes, Allen Ponak & Loren Falkenberg, from “Labour and Employment Law - Cases, Materials & Commentary, 8th Edition”, The Labour Law Casebook Group, Irwin Law 10-7 The Ontario Experience with Interest Arbitration: Problems in Detecting Policy”, Adams, George, Relations Industrielles/Industrial Relations, Vo. 36, no. 1, 1981, p. 225-250 10-34 Welland County General Hospital v. Building Service Employees, Local 204, [1965] O.L.A.A. No. 1185 (Arthurs, Wren, and Cromarty) 10-46 Metropolitan Toronto Police Association and The Metropolitan Toronto Board of Commissioners of Police, re: 1976 Uniform Agreement, unreported decision of Kenneth P. Swan, arbitrator, Sept. 29, 1976 (excerpt) 10-74 CUPE v. Ontario (Minister of Labour) [2003] 1 S.C.R. 539 (Headnote) Unit 11 - Preservation of Bargaining Rights 11-2 Article: Contracting-Out Provisions in Canadian Collective Agreements - A Moving Target”, Jallette and Warrian, Workplace Gazettte. Vol. 5, No. 1 p. 64 11-15 York Detention Centre Ltd., [2010] O.L.R.D. No. 3435, Ontario Labour Relations Board 11-32 Bayshore Home Health, [2011] O.L.R.D. No. 1487, Ontario Labour Relations Board 11-48 Bayshore Home Health (Reconsideration Application), [2011] O.L.R.D. No. 2914, Ontario Labour Relations Board 11-54 Perth and Smiths Falls District Hospital [2001] O.L.R.D. No. 4643, Ontario Labour Relations Board Unit 12 - Indirect State Involvement in Public Sector Bargaining 12-2 Excerpt from Ontario Public Service Employment Labour Law, Hadwen, Strang, Marvy and Eady, Irwin Law, 2005 12-7 Excerpt from Reshaping B. C.Health Sector - Appropriate Bargaining Units; Report and Recommendations of James E. Dorsey, Commissioner5 Health Sector Labour Relations Commission of British Columbia, June 30, 1995 12-23 Excerpt from The Report of the Commission of Inquiry into the Public Service and Public Sector, Volume 2 - Final Report, The Public Sector in British Columbia, Judi Korbin, Commissioner, June 1993 12-40 Health Authorities Act, [RSBC 1996], Chapter 180, Part 3 12-46 Public Sector Employers Act, [RSBC 1996] Chapter 384 12-54 British Columbia Public Sector Employer’s Council, Bargaining Mandate 2010 12-56 Canadian Union of Public Employees Locals 189, 408, 3197, 3421, 3671 et al. v. Alberta Health Services et al. v Attorney General of Alberta, Decision of the Alberta Labour Relations Board (excerpts)