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Law of Labour Relations, Law in the Workplace, and Labour Arbitration (IRE 1270, IRE 1338, and IRE 1260)

This subject guide is meant to assist students, particularly those enrolled in IRE 1260, IRE 1270 and IRE 1338, with research papers and assignments.

Law - Books Available Though U of T Libraries

Selected Books & AV Materials in the CIRHR Library

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Lancaster House Conferences - Proceedings (in-library use only)

2016 - Toronto, December 7

  • Economic truths, bargaining consequences: Experts canvass the outlook for 2017
  • The Charter at the crossroads:What did the BCTF case decide, and what does it mean for collective bargaining?
  • Delivering employee benefits: Recent lessons from the move to benefit trusts
  • Lightning law: Recent decisions on negotiating in good faith and other critical bargaining issues

2015 - Toronto, December 9

  • Through a glass, darkly: Experts analyze the state of the economy
  • Modernizing workplace laws: A session with the special advisors to the Ontario Government on its "Changing Workplaces Review"
  • Rethinking bargaining structures: Does government involvement in the bargaining process work, and for whom?
  • Reading the tea leaves: Where are we really going with the Charter of Rights?
  • Gearing up for the next round: Preparing for bargaining and setting the agenda

2015 - Vancouver, November 17

  • Oil and water: The mixed economic outlook for B.C. and Alberta
  • Gearing up for the next round: Preparing for bargaining and setting the agenda
  • Rethinking bargaining structures: Does government involvement in the bargaining process work, and for whom?
  • Reading the tea leaves: Where are we really going with the Charter of Rights?

2014 - Toronto, December 10

  • Economic forecast: What's in store for the public sector in 2015
  • Bargaining strategies, bargaining tactics: What works, what doesn't?
  • Public sector bargaining: The implications of government involvement
  • What's on the bargaining table? Emerging issues, creative solutions

(Conference discontinued)

2014 - Toronto, October 21

  • Collective bargaining in survival mode: The impact of government restrictions on the right to strike
  • The future of second guessing: Have the courts gone too far in judicial review?
  • Rewriting the rule book: an interactive session on options for streamlining labour board procedures
  • Major caselaw and legislative update

2011 - Toronto, October 18 and 19

  • Major caselaw and legislative update: What happened while your attention was fixed on Fraser
  • The Charter: The Supreme Court's decision in Fraser and its impact
  • Challenges to board decisions: You've lost at the labour board; what is your next step?
  • Essential services: What are the consequences of deeming a service to be essential, especially when it's not really essential?
  • Bargaining unit determination: Who should be in a bargaining unit?
  • Balancing employer control and union access: What access do unions have to employees for the purposes of organization and representation?

(Conference discontinued)

2014 - Toronto, October 22

  • The impact of the Metron case on health and safety prosecutions and other major caselaw developments
  • Blueprint for change? The Sims Report, the changing landscape of collective bargaining in Alberta's construction industry and the implications for other provinces
  • Can we talk? How to approach an employee with an addicton problem
  • Turf war: Flashpoints in the controversy over temporary foreign workers
  • Breaking new ground: Will random drug and alcohol testing survive the Supreme Court's decision in the Irving case?

2016 - Toronto, October 19

  • Workplace violence: Applying standard assessment tools
  • Combating violence and harassment: New OHSA requirements, investigations and work refusals
  • Progress or promisses unfulfilled? An up-to-date report on the National Standard for Psychological Health and Safety
  • A sober look at marijuana and prescription drugs: A medical expert addresses impairment effects
  • Medical marijuana and prescription drugs: Workplace safety, accommodation, and zero tolerance
  • Major caselaw update: Trends in inspections, prosecutions, sentencing, and more

2015 - Toronto, October 27

  • Taking the pulse: Critical developments in the law, and what they mean for youl
  • Mindfulness meditation for self-care and stress management: A practical introduction
  • Annual health and safety check-up: tips from the experts
  • Conducting a threat assessment
  • Preventing "sitting disease": A practical ergonomics session
  • When helping hurts: Sustaining violence from those we serve (part I - defining legal obligations and examining potential liability)
  • When helping hurts: Sustaining violence from those we serve (part II - investigating and responding to third party violence)

2014 - Toronto, November 4

  • Danger at work: Preventing violence, promoting mental health
  • Getting tough on health and safety crimce: Does Metron signal a new era of sky-high fines and extensive jail time?
  • Living with occupational post traumatic stress disorder: A personal account
  • Sobering thoughts: How the Supreme Court has changed the law on random drug and alcohol testing

2017 - Toronto,  April 5

  • Intersecting obligations: meeting accommodation and harassment requirements under the OHSA, the Human Rights Code, and the AODA
  • Psychologically safe employment: innovative approaches, promising new practices
  • Bringing Truth and Reconciliation to the Workplace
  • Combating racialization at work
  • Major caselaw and legislative update: undue hardship, genetic discrimination, damage awards, and more

2016 - Vancouver

Day 1 - April 13

  • Employee disabilities and the duty to inquire: Knowing what to ask, and when
  • Prescriptions for obtaining medical information: Practical tips from practicing lawyers
  • Advice from the experts: mental health professionals discuss their role in the accommodation process
  • A modern approach to workplace reintegration: The United Nation's best practices guidelines on disability management
  • Computers, cell phones, and surveillance: Drawing the line between employees' privacy rights and management's business interests
  • Major caselaw and legislative update: Family status, damage awards, and more

Day 2 - April 14

  • Gender identity and gender expression: Best practices for inclusion and accommodation in the workplace
  • Accommodating competing interests: Striking a principled balance between human rights and collective agreement claims
  • Demystifying the DSM: Key concepts in psychological diagnoses
  • Personality disorders in the workplace: Fulfilling the duty to accommodate in challenging cases
  • Healing the toxic workplace: Innovative approaches to a poisoned work environment

2016 - Toronto

Day 1 - March 30

  • Employee Disabilities and the Duty to Inquire: Knowing What to Ask, and When
  • Prescriptions for Obtaining Medical Information: Practical Tips From Practicing Lawyers
  • Advice from the Experts: Mental Health Professionals Discuss Their Role in the Accommodation Process
  • Demystifying the DSM: Key Concepts in Psychological Diagnoses
  • Computers, Cell Phones, and Surveillance: Drawing the Line Between Employees' Privacy Rights and Management's Business Interests
  • Major Caselaw and Legislative Update: Family Status, Damage Awards, and More

Day 2 - March 31

  • Accommodating competing interests: Striking a principled balance between human rights and collective agreement claims
  • Sexual harassment on the job: Tackling a persistent problem
  • The stop-gap solution: Removing barriers to community access one step at a time
  • Personality disorders in the workplace: Fulfilling the duty to accommodate in challenging cases
  • Healing the toxic workplace: Innovative approaches to a poisoned work environment

2015 - Toronto

Day 1 - March 31

  • Tackling substance dependency in the workplace: Identifying illness, facilitating treatment, dealing with misconduct
  • Independent medical exams: When can they be requested, what can they encompass?
  • Living with occupational post traumatic stress disorder: A personal acccount
  • Shopping around: How choice of forum influences remedies
  • Sick from stress: Recognizing and treating psychological disorders in the workplace

Day 2 - April 1

  • Gender identity and gender expression: Best practices for inclusion and accommodation in the workplace
  • Looking back, planning ahead: Major caselaw and legislative review
  • Pre-employment testing and background checks: What's allowed, what isn't?
  • Inaction and reaction: Responsibility and remedies for retaliation and failure to investigate

2016 - Toronto, December 8

  • Caselaw and legislative roundup: Major milestones, future forecasts
  • Sealing the deal: Tax considerations, confidentiality clauses, and other settlement essentials
  • Cannabis edibles: Lunch discussion with the arbitrators on medical marijuana at work
  • Psychiatric and psychological disabilities: prescriptions for obtaining and assessing mental health information
  • Rooting out bad apples: Recent cases on bullying and harassment

2015 - Calgary, June 4-5

  • Blurred  boundaries: Labour exprets debate key privacy issues
  • Sexual harassment on and off the job: Conducting investigations, exposing perpetrators, supporting victims, and changing the culture
  • Taking stock: Assessing the impact of recent major caselaw and legislation
  •  Resolving ethical issues: A roadmap for labour relations professionals
  • Hard hitting damage awards:The reasons behind the climbing numbers
  • All in the family: Accommodating leaves, flex-time, childcare and eldercare
  • Gender identity and gender expression: Best practices for inclusion and accommodation in the workplace
  • Nest egg or goose egg: Is there really a pension crisis - if so, what is the solution?

2014 - Toronto, December 11

  • Obligations vs choices in family status discrimination cases: Does the Federal court's distinction make sense?
  • Game-changers: Recent decision you need to know about
  • Live demonstration: Counsel argue contentious issues before the arbitrators - you be the judge
  • Provocative postings: Balancing rights in a tech-savvy world
  • Dazed, harassed, and confused: Are anti-harassment laws and policies really effective?

2016 - Toronto, November 29-30

  • Expanding the CPP: Assessing the implications in the public and private sectors
  • Generations at odds? How should intergenerational equity issues be addressed?
  • Solvency funding reform: Examining provincial initiatives
  • The Changing world of pension investment: Evaluating new rules on ownership restrictons, infrastructure investment, and other critical issues
  • Cases that count: High stakes pension litigation currently in the courts
  • Empty promises: Why workplace pension law doesn't deliver pensions

2014 - Toronto, December 2-3

  • Public policy/pension reforms: Fixing the system, comparing the options
  • Regulatory and other changes to existing penion plans: What changes are needed, what changes are likely?
  • Investing based on environmental, social, governance factors: How does it work, how is it working?
  • Human rights and other legal issues: A look at actual and potential litigation
  • Collective bargaining challenges: Current issues in negotiations
  • Investment strategies of successful pension plans

2016 - Toronto, October 20

  • Compensation for mental stress and psychological injury: The new frontier in SWI
  • Taking the pulse: The year's key compensation decisions and what they mean for you
  • Prescription overruled?: Is the WSIB ignoring the claimants' own health care professionals?
  • How do the WSIB and WSIAT weigh medical evidence?: Tips and advice from the experts
  • The ten year appointment limit: How will it affect adjudication at the WSIAT

2015 - Toronto, October 28

  • Mental stress and beyond: the year's key compensation cases and what they mean for you
  • New and improved?: Assessing new and revised SWIB policies
  • Doctors and workers' compensation: How do they see their roles?
  • Back to health, back to work: A fresh look at the work reintegration process

2014 - Toronto, November 2014

  • Stress and distress: Seeking compensation for violence, harassment, and trauma in the workplace
  • Mum's the wor: Surreptitious surveillance and covert investigations by the Workplace Safety and Insurance Board
  • The top five compensation cases: What do they say, what do they mean for you?
  • Pre-existing conditions: Untangling the "causation" knot in multiple-cause injuries
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Loose Leaf Reference Tools

All  print loose-leaf reference tools are available in the CIRHR Library Location: REF LAB POL&LEG - CAN (beside the front desk)

Canadian Labour Arbitration by Donald J.M. Brown and David M. Beatty, Canada Law Book, 2006 - current, 4th ed

  • Canadian Labour Arbitration takes you step-by-step through the intricate workings of the labour arbitration system in Canada. Available online in Labour Spectrum and in print, this widely recognized "bible" of labour arbitration in Canada, known as "Brown and Beatty", is synonymous with reliability. It offers a concise and comprehensive record and analysis of the whole body of arbitration developments in Canada over the past 40-plus years.

Canadian Labour Law by George W. Adams, Canada Law Book, 1993 - current [2nd ed.]

  • Canadian Labour Law offers a complete and current analysis of collective bargaining laws as they apply to non-government employees across Canada and is available online in Labour Spectrum and in print. Labour relations statutes, labour board decisions and judicial cases for all jurisdictions are analyzed, covering a broad range of topics you normally wouldn't find in one resource.

Canadian Labour Law Reporter CCH Canadian Limited [1946 - 2013]

  • Canadian Labour Law Reporter provides coverage of federal, provincial, and territorial laws on employment standards, human rights, pay and employment equity, employment insurance, and collective bargaining. It also offers commentary on key employment cases and practice tips, case annotations at the end of each commentary section, and full-text court case law and decisions from boards, tribunals, commissions, etc. all across Canada, going back to the 1940's.

Collective Bargaining and Agreement, by David J. Corry. Canada Law Book 1997 - current

  • This resource deals with every aspect of the collective bargaining process including: union-management relations, preparation for bargaining negotiations, and tactics and the law. It also includes the wording for common collective agreements.

The Duty to Accommodate in Employment, by Kevin D. MacNeill. Canada Law Book, c2003 - current

  • Comprehensive, understandable and relevant across Canada, this work helps legal practitioners and human resources professionals grapple with a complicated array of accommodation issues in this rapidly developing area of law.

Education Labour and Employment Law in Ontario by Elizabeth J. Shilton, Karen Schucher. Canada Law Book, c2001- current [2nd ed.]

  • Education Labour and Employment Law in Ontario delivers comprehensive coverage of the latest developments in the law, policies and practices governing teacher employment and jobs. From the collective bargaining rights of teachers in public education, to special issues concerning Roman Catholic separate school boards, this substantive resource gives you a clear perspective on the complex issues that matter most to educators.

Employment Law in Canada, by Geoffrey England, Roderick Wood. LexisNexis Canada, c2005 - current [4th ed.]

  • This publication reviews and analyzes the general trends in Canadian employment along with the underlying forces that are determining the future development of the law. Butterworths Employment Law in Canada specifically examines a multitude of issues surrounding the "employer and employee", and the "master and servant" relationship.

 

Federal Equity Manual by Soma Ray-Ellis. Carswell, 2002 - current

  • This resource is the single-most important Canadian resource on understanding federal human rights and employment equity requirements, allowing you to demonstrate due diligence effectively. It also provides practical guidance on how to implement a workplace employment equity plan specifically designed to help your clients comply with federal standards.

Leading Cases on Labour Arbitration by Morton Mitchnick and Brian Etherington. Lancaster House, c2002 - current

  • Leading Cases presents the most authoritative and comprehensive selection of influential cases, with commentary by distinguished experts in labour law and numerous concise case summaries, setting out the facts, issues and reasons for decision in the most important and representative cases.

Ontario Health and Safety Law: a comprehensive guide to the statute, case-law, policy and procedure, by Norman A. Keith. Canada Law Book, 1992 - current [Rev. ed.]

  • This resource covers everything from how to appeal Ministry of Labour orders, to new methods of improving workplace health and safety, to the latest legislation and more.

Ontario Labour Relations Board Law and Practice by Jeffrey Sack, C. Michael Mitchell and Sandy Price. Butterworths, 1997 - current [3rd ed.]

  • This resource provides extensive coverage of the Labour Relations Board's practices, procedures and rules and how they are applied. It will also keep you abreast of all new caselaw and relevant legislation.

Ontario's Equity Laws by Cheryl J. Elliott. Canada Law Book, 1992 - current

  • Ontario's Equity Laws addresses the unique challenges facing employers when assessing pay and employment equity situations. Inside this resource you have all you need to understand and comply with the legislation.

Trade Union Law in Canada by Michael Mac Neil, Michael Lynk, Peter Engelmann. Canada Law Book, 1994 - current

  • Trade Union Law in Canada comprehensively explains the various strands of the law that affect the internal affairs of trade unions. In fact, it's the only resource designed specifically around the concerns of trade unionists.