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LEGAL REPORT: LABOUR AND EMPLOYMENT "It is the labour lawyers who are doing all the heavy lifting on the constitutional law side." — JOHN CRAIG, HEENAN BLAIKIE LLP workers from Ontario's Labour Relations Act. Craig is representing the Ontario Federation of Agriculture against the challenge to the exclusion from the OLRA, which labour says is unconstitu- tional because it violates the freedom of association guarantee under the Charter. The Fraser decision is expected this year. Division of powers is another area of Constitutional argument. Craig says it is an area of interest because of the obvious benefits for unions to have members sub- ject to a single federal labour law rather than several provincial ones. While the rules for workers in each province have similarities, it is the federal system of card-check certification, which does not require a certification vote to establish a collective bargaining unit, that makes the national law more advantageous. Also, having one union representing several workers from different sections of a company can be a large stick to wield come contract time. "With the federal jurisdiction you have one-stop shopping," says Craig. "If you have a company that is operating nationally and you can get them to become federal then the Canada Industrial Relations Board is more likely to order a national bargaining unit of all the employees. Then the union hits the jackpot, at that point they have everyone in the com- pany in one bargaining unit and that gives them a lot of leverage." In its recent decision in Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters, the Supreme Court was asked to consider the division of pow- ers with relation to ss. 91 and 92 of the British North America Act. The sections deal specifically with the interprovincial nature of transportation and communi- cations making those industries subject to federal rules and not provincial ones. Fastfrate ships products from one part of Canada to another and has oper- ations in Ontario, Quebec, Manitoba, Saskatchewan, Alberta, and British Columbia. Within provinces, Fastfrate uses its own resources to move freight but has a 10-year, $400 million co-oper- ative agreement with Canadian Pacific Railway Ltd. to move freight interpro- vincially. Fastfrate shut down the last of its interprovincial services in 2004, at that time the company moved freight Let us open right door for you the Also available on CD-ROM or Internet! Canadian Employment Law More than 5,600 cases cited! We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law fi rm situated in the heart of Toronto. We are comprised of nine lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504 42 FEBRU AR Y 2010 www. C ANADIAN Law ye rmag.com uretzky_CL_Feb_09.indd 1 For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. BALL_Canadian Employment Law (CL 1-4sq).indd 1 7/23/09 10:38:03 AM 1/18/10 12:01:11 PM Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada and is used in law schools throughout Canada. ORDER your copy today! Looseleaf & binders (2) • $310 • Releases invoiced separately (3-4/yr) P/C 0439030000 • Vol. 1 ISBN 0-88804-218-3 • Vol. 2 ISBN 0-88804-362-7 CD-ROM or Internet version available separately • Prices start at $442 Stacey Reginald Ball