Labour Law
We are union lawyers. For decades, Paliare Roland has provided strategic advice and representation to trade unions and their members across the public and private sectors.
Grievance mediation and arbitration is a core part of our labour practice, and we are particularly effective at running expedited-arbitration processes. We have experience assisting clients to secure material advancements through collective bargaining and interest arbitration. We regularly advance the interests of unions and their members through the civil courts, including Charter litigation.
Our labour practice includes advising unions regarding all aspects of their labour relations, including employment standards, human rights, workers’ compensation, health and safety, pensions, pay equity, the duty of fair representation, and strike or picketing injunctions. Outside of conventional labour settings, we assist unions with unusually complex matters, including major insolvencies, restructurings, and employee ownership arrangements, along with regulatory hearings, inquiries, and inquests.
Representative Work
-
Richard Stephenson, Emily Lawrence and Douglas Montgomery represented a trade union in a complex arbitration involving drug and alcohol testing in nuclear facilities, and in a related constitutional challenge in Federal Court to a regulatory instrument imposing drug and alcohol testing in nuclear facilities. Richard, Emily and Douglas obtained interim stays from the arbitrator and the Federal Court of the implementation of drug and alcohol testing in nuclear facilities, pending final disposition.
-
Don Eady represented the Maintenance and Skill Trades Council ( a trade union whose members work for the Toronto District School Board) in an Ontario Labour Relations Board proceeding where the union’s bargaining rights and collective agreement were challenged by another trade union and employer associations. Don was successful in having the case against the Council dismissed on a prima facie basis.
-
Don Eady, John Monger and Jessica Latimer have represented a number of bargaining units in grievances concerning employer COVID-19 vaccination policies. The resulting decisions have set the standard in Ontario for the consideration of employer COVID-19 vaccination policies.
-
Jodi Martin and Glynnis Hawe successfully represented the Waterloo Regional Police Association in an appeal brought by the plaintiffs, current and former uniform women members, in a proposed class action proceeding. They were entirely successful once again in arguing that the civil courts have no jurisdiction over claims of unfair representation by the Association, which must be heard by specialized labour arbitrators appointed under the Police Services Act.
Rivers v Waterloo Regional Police Services Board, 2019 ONCA 267:
-
Jodi Martin acted for the Ontario Provincial Police Association in their collective agreement negotiations and interest arbitration: http://canlii.ca/t/gtxgb