Labour

Canadian Energy Workers Association v. ATCO Electric 2018 CanLII 74202 (AB GAA) July 2018: The arbitration panel found a breach of a collective agreement notice provision was a breach of the union’s representational rights. The panel stated notice provisions have value and a breach could warrant compensatory relief, “[n]otice entitlements have value to both employees and unions. Violations of these notice entitlements can justify compensatory damages for the loss of the value that these entitlements provide” (Pages 13 & 14). In this specific case, declaratory relief was issued. Significantly, the panel also accepted there may be circumstances in which estoppel could found a remedy , even for monetary benefits (page 12).

Employment

Canadian National Federation of Independent Unions affecting Parkland Community Living and Supports Society (Re), 2017 CanLII 46719 (AB LRB): The employer provided special needs assistance and education across multiple residential sites and a school. The employer objected to including school staff and residential supervisors in the bargaining unit. The Board concluded there were common skills, duties, and working conditions across all sites, including the school. The Board found the supervisors did not exercise sufficient managerial functions to justify exclusion. The supervisors did not have effective authority over hiring decisions, written reprimands or discipline, grievance handling, policy development, or handling confidential information. The employer’s objections were dismissed and school staff and residential supervisors were included in the bargaining unit.

Litigation

Karen’s TFW case (first TFW discrimination case in Canada), and the HSAA case on disclosure in DTA cases and the ongoing employer obligations in DTA situations.

  • Kelli’s ACP case (HSAA vs. ACP), and also the particulars case from QB on the obligation for employers to properly identify allegations on breaches of fiduciary duty and confidential information, etc, and maybe the EPA N. Lee ABQB case on time limits for DFR complaints

  • Paulette’s recent CEWA case on notice to the union and CBA compliance

  • CUPE / AUFA (Athabasca University) summary dismissal case form the ALRB (this is Karen’s case too)  - ALRB decision dismissing unfair labour practice complaints against the union in a post-secondary University setting

  • EPA v. EPS – 2018 Jones decision confirming the employer must allow accommodated employees to apply on other positions within the workplace, subject to undue hardship

  • AHS v. HSAA – 2018 Judicial Review decision upholding the reinstatement of a paramedic

  • HSAA v. AUPE – 2014 ALRB determination application decision (Therapy Assistants)

  • CEWA v. ATCO – April 2018 D&A testing Judicial Review (yes, a loser, but aren’t they all?)

  • EPA v EPS – 2017 ABCA decision (S.P.) determining limits on duty restrictions on police officers

  • 2017 IBEW 1007 v. Epcor – ABCA confirms application and scope of section 7(2) of Alberta Human Rights Act relative to group benefits plans