For the last 35 years, this "bible" on Canadian labour law has been one of the most cited authorities in arbitration and court decisions. This seminal treatise continues to be hailed as both "important" and a "leading text" to address workplace issues in the unionized context. For its fifth edition, new subject areas have been canvassed including employees' use of social media and its impact on privacy concerns as well as the impact of ‘violence in the workplace' legislation enacted across Canada.
With contributions from the nation's leading labour lawyers, arbitrators, mediators and judges, this book provides unparalleled analysis on all major collective agreement concerns and policy. This book has been the stable reference guide for a generation of labour lawyers, human resource professionals and unions looking to find out – quickly and conveniently – what is the law on a specific labour issue, and the leading cases that support it.
Book Features
- Provides up-to-date analysis of current issues in labour arbitration
- Delivers extensive cross-Canada coverage on federal and provincial labour decisions and policy
- Frequently referred to, and cited by, labour lawyers, union personnel, human resources managers, arbitrators, and judges
- Nationally recognized as one of the most quoted authorities in arbitral decisions, in respect of collective agreement and union-employer-employee workplace matters
Updates To This Edition
- Discussion of arbitral issues raised with respect to social media and blogging
- Development of the law concerning the monitoring of employee-used electronic devices
- Discussion respecting jurisdiction of arbitrators to award aggravated or punitive damages
- Updated analysis of human rights issues, including discrimination in the workplace on the ground of family status
- Updated discussion of drug and alcohol testing in the workplace, and new emphasis on privacy issues in relation to employer surveillance inside and outside of the workplace
- New sections discussing letters of expectation and termination issues
- New section discussing violence and harassment in the workplace, including sexual harassment and threats of violence, and the impact of ‘violence in the workplace' legislation
- New sections discussing payment for time worked, entitlement to pay in addition to basic wages, and "me too" clauses
- Discussion of medical absence forms and consent clauses
Who Should Read This Book?
- Labour lawyers - provides in-depth analysis on all major labour law and collective agreement issues
- Judges and arbitrators - Refers to, and summarizes, all leading cases that support specific labour law and collective agreement principles
- Union representatives and HR managers - find out what is the law and current policy on labour and collective agreement issues
- Students and researchers – up to date coverage and analysis of collective agreement issues and principles, labour arbitration decisions and court decisions
Part I - The Collective Agreement
1. Elements of the Collective Agreement
2. Interpretation of the Collective Agreement
3. The Grievance Procedure
Part II - Arbitration as a System
4. Legislative Context of Labour Arbitration
5. The Arbitration Process
6. Evidentiary Issues in Arbitration
7. Judicial Review of Arbitral Decisions
Part III - Human Rights and Privacy Considerations
8. Human Rights and Accommodation
9. Workplace Privacy
Part IV - Discipline, Discharge and Non-Culpable Terminations
10. Discipline and Discharge
11. Insubordination: Showing Disrespect for the Employer
12. Other Workplace Offences
13. Non-Culpable Termination
Part V - Protection of Employment Opportunities
14. The Bargaining Unit and its Protection
15. Job Classifications and Description of Jobs
16. Rights of Seniority
17. Benefits of Seniority to Employees
Part VI - Managing the Workplace
18. Scheduling of Work and Overtime
19. Payment for Work Done
20. Absences from Work
Part VII - Management Rights and Institutional Union Concerns
21. Management Rights
22. Unions and Collective Agreements
General Editor and Contributor: Ronald M. Snyder; Other Contributors: Richard J. Charney, Paula Knopf, Ian R. Mackenzie, The Honourable Mr. Justice John J. Steeves and Dr. Kenneth Wm. Thornicroft
Ronald M. Snyder is a certified specialist in labour law by the Law Society of Upper Canada with a noted expertise in Federal labour and employment concerns. A management labour lawyer whose client base includes both public and private sector employers, he advises on all aspects of the law governing the relationship between employers and their employees. He is a noted lecturer and author in the area, having written several works, including The Annotated Canada Labour Code, an annual publication since 1992, and Damages for Breach of Contract, a loose-leaf service.
Richard J. Charney is a Toronto-based partner at Ogilvy Renault LLP, Richard J. Charney's practice includes appearances before provincial and federal labour relations boards, tribunals and courts, including the Supreme Court of Canada. Mr. Charney is co-author of Judicial Review in Labour Law, which received the Walter Owen Book Prize for excellence in legal writing.
Paula Knopf is a full-time arbitrator and mediator, and has been an Adjunct Professor at Osgoode Hall Law School. She is the Past President of the Ontario Labour Management Arbitrators Association and is currently the Chair of the National Academy of Arbitrators' Committee on Professional Responsibility and Grievances.
Ian R. Mackenzie is a Canadian arbitrator, mediator and trainer. He has been adjudicating and mediating employment-related disputes for ten years. Mr. Mackenzie has also been actively involved in training adjudicators in all aspects of conducting fair hearings. He is a former vice-chair of the federal Public Service Labour Relations Board and the Human Rights Tribunal of Ontario. He is currently a part-time member of the Human Rights Tribunal of Ontario.
The Honourable Mr. Justice John J. Steeves was previously a sole practitioner and labour arbitrator, and served as a part-time adjudicator and vice-chair with several labour boards and tribunals, including the Public Service Staff Relations Board, the B.C. Workers' Compensation Appeal Tribunal, and the B.C. Labour Relations Board. In October 2012, Mr. Justice Steeves was appointed a judge of the Supreme Court of British Columbia.
Dr. Kenneth Wm. Thornicroft is a full professor of law and labour relations with the University of Victoria's Faculty of Business and holds adjunct appointments with the University of British Columbia (Sauder School of Business) and Royal Roads University. Dr. Thornicroft's law practice is restricted to serving as a labour arbitrator and participating in alternative dispute resolution proceedings.
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