Toronto Zoo Strike Costs Toronto $4 Million Last spring, the Toronto Zoo saw a strike over wages for its workers, which caused the Zoo to remain closed for 5 weeks while an agreement was reached. The agreement gave the workers a 1.25-per-cent wage hike in each of the four years of their contracts and the non-union staff will be closely watched as the Zoo board will decide on what they will receive as a result. Figures were released in a report on attendance and revenue which revealed: The Zoo expected 218,012 visitors Net forecast loss of $3.99 million After they re-opened, they still saw a decrease in attendance of 65,125 due to cancellations of group trips and camps. With the addition of the pandas, attendance hit 1.3 million and is expected to dip once they are transported to Calgary. Overall, August attendance levels were below target, but, still above 2016 levels with a rebound happening in September. Devry Smith Frank LLP is a full service law firm that has a very experienced group of lawyers within our employee and labour law groups. If you are in need of representation, please contact one of our lawyers today or call us directly at 416-449-1400. By: Nicolas Di Nardo “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Labour LawOctober 4, 2017June 18, 2020
Ontario’s Colleges Call for Strike By: Stuart Clark, Student-at-Law According to the Toronto Star, the Ontario government has offered faculty members at the province’s colleges a 7.5% wage hike. However, the Ontario Public Service Employees Union (“OPSEU”), has called for a strike vote in the fall—wanting to address other issues beyond compensation. Employers and workers represented by a union negotiate working conditions through the process of collective bargaining, governed by Ontario’s Labour Relations Act, 1995. Once a union has been certified or recognized in accordance with the Act (s. 16), both parties are obliged to come together and bargain in good faith to reach a collective agreement (s. 17). For sophisticated employers and unions, the scope of an agreement can be immense; covering everything from salaries, to the hiring process, and even how workers are individually scheduled for their shifts. For example, in a recent blog post, we noted that LCBO workers had threatened to strike over the July long weekend. Workers have since ratified a deal, which included terms that end the LCBO’s practice of scheduling two-hour shifts. This is just one example of how granular a collective agreement can become. Normally, for the agreement to come into force, it must be ‘ratified’ by the members of the union’s bargaining unit (s. 44), with those supporting the offer totalling more than 50% of votes cast. Even if union leadership supports a deal, this is no guarantee of its success. In this case, the government has indicated that, before any strike vote, that the faculty union members vote on the last offer they have received. Employers usually have this right, stored under s. 42 of the Act, which says: (1) Before or after the commencement of a strike or lock-out, the employer of the employees in the affected bargaining unit may request that a vote of the employees be taken as to the acceptance or rejection of the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties and the Minister shall, and in the construction industry the Minister may, on the terms that he or she considers necessary direct that a vote of the employees to accept or reject the offer be held and thereafter no further such request shall be made. The ability for the employer to call for a vote is a tactic of last resort—and can only be done once. In fact, in 2010, when the current collective agreement was signed, colleges used s. 42 to call for a vote, which approved the agreement with a slim majority. Only time will tell to see if this strategy will pay off for a second time, or if both parties will be forced to return to the bargaining table. Devry Smith Frank LLP is a full service law firm that has a very experienced group of lawyers within our employee and labour law groups. If you are in need of representation, please contact one of our lawyers today or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Labour LawAugust 10, 2017June 19, 2020
Possible Strike at Pearson Airport Beginning Thursday By: Nicolas Di Nardo Already checked in for your flight tomorrow? Flying out of Pearson by the end of the week? You better make sure you continuously check your flight time, because your flight could face some delays. Why, you may ask? Pearson’s ground crew for 30 airlines may be going on strike tomorrow, with the potential to delay flights. Monday, the union representing Swissport workers (approximately 700 employees) filed a 72-hour strike notice and will ask its members to shoot down the company’s final offer. Swissport believes their final offer is “fair and competitive, and expressed disappointment that the union may strike.” The union has not yet given members the reason why they are to reject this apparent fair and competitive offer. All workers that will be going on strike as early as Thursday night include: Baggage Handlers Cargo Handlers Cabin Cleaners The union is expressing their concerns with: Company’s decision to hire 250 temporary workers – without significant change in workload Union was only given a day’s warning before they began hiring the workers Training duration temps receive (3-4 days rather than 3-4 weeks) Don’t believe these workers can do their job with no experience and poor training They also claim that Swissport hired those 250 workers to put leverage on workers during the current round of contract negotiations. Which they believe is sacrificing airport safety. Swissport’s response to the hiring of temporary workers as a way to respond to the summer rush, something they are permitted to do under the collective agreement. As a result, the Teamsters have filed a formal complain with the Canadian Industrial Relations Board. Specifics could not be discussed due to the upcoming CIRB case. It will be interesting to see how many workers do go one strike, considering it has been mentioned that the union’s members don’t want to strike. Nevertheless, the Greater Toronto Airports Authority has a contingency plan in place in the event of a strike or labour disruption by Swissport workers. Devry Smith Frank LLP (“DSF”) is a full service law firm in Toronto that has experienced Labour Law Lawyers that can assist employers in the event of union organizing, bargaining and negotiations, and strikes. If you require a Labour law Lawyer, contact DSF’s Labour Lawyers today, or call our office directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Labour LawJuly 26, 2017June 22, 2020