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Canadian Law of Work Forum (CLWF)
COVID-19Nova ScotiaUnions and Collective Bargaining

More on the Issue of Whether Canadian Labour Boards Are Suspending Union Applications for Certification During COVID19

by David Doorey April 1, 2020
written by David Doorey April 1, 2020

In a recent post, labour lawyer Jim Robbins of the law firm Cavalluzzo’s in Toronto noted that an argument had been presented to the Ontario Labour Relations Board by employer counsel that the OLRB stop accepting applications filed by unions to represent workers during the COVID19 epidemic. The OLRB has rejected that request.

It is a source of considerable controversy in the U.S., where the Trump stacked National Labor Relations Board suspended all union certification applications during COVID19. As far as we are aware, no Canadian labour board has gone in this direction, although please do let us know if we have missed something.

We did learn that the Nova Scotia Labour Board had temporally suspended receipt of all new applications for a brief period while it established a process for dealing with applications electronically and remotely. A memo just released by the Board indicates that the Board is now accepting applications and explaining its new processes, which include accepting scanned copies of union membership cards. Here is the memo. [HT: Prof. Bruce Archibald, Q.C., Prof. Claire Mumme]

We will keep track of any other developments in Canada on this issue.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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RSandillRicha Sandill@RSandill·
24 Feb

@SCLSclinic and I were so fortunate to represent this client last year. I am thrilled that this decision brings more clarity for family status accommodations rights amidst a pandemic that has tested parents, caregivers, and families like never before. https://twitter.com/CanLawWorkForum/status/1364605259071561730

CLWF@CanLawWorkForum

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

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TheLawofWorkDavid J. Doorey@TheLawofWork·
24 Feb

Here's my latest in @jacobinmag.

If Ontario's labor laws applied in Alabama, the Amazon vote would have been held months ago so workers could get back to their jobs. Instead, the NLRA permits Amazon to conduct a months' long onslaught of anti-union propaganda. https://twitter.com/jacobinmag/status/1364613560425275392

Jacobin@jacobinmag

Amazon workers in Alabama are voting on whether to unionize, but the company is bombarding them with anti-union propaganda. In Canada, by contrast, votes are held quickly, making it harder for companies to stack the deck — a model that can work in the US. http://jacobinmag.com/2021/02/amazon-alabama-canada-labor-law-union-vote

Reply on Twitter 1364623976174092316Retweet on Twitter 13646239761740923168Like on Twitter 136462397617409231613Twitter 1364623976174092316
CanLawWorkForumCLWF@CanLawWorkForum·
24 Feb

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

Reply on Twitter 1364605259071561730Retweet on Twitter 13646052590715617304Like on Twitter 13646052590715617304Twitter 1364605259071561730
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