Section 56 of the Industrial Establishments Regulation (O. Reg. 851) under Ontario’s Occupational Health and Safety Act (“OHSA”) requires the use of a competent signaller to guide those who operate a “vehicle, mobile equipment, crane or similar material handling equipment” and do not have a full view of their intended path of travel. In…
In the United States, the Labour-Management Reporting and Disclosure Act (LMRDA) requires employers and labour relations consultants to report the details of “persuader activities” to the U.S. Department of Labour (DOL). A consultant engages in “persuader activities” if it is contracted to counter a union organizing drive or collective bargaining effort. The reporting requirements are…
On October 4, 2011, the Court of Appeal for Ontario granted leave to appeal to Blue Mountain Resorts Ltd. in its bid to overturn a recent OHS decision issued by the Divisional Court. The Divisional Court had upheld a conclusion by the Ontario Labour Relations Board that Blue Mountain Resorts was required to report the…
On October 15, 2011, workers at US Steel’s “Hilton Works” in Hamilton voted to accept the Company’s final offer, ending a lockout that had begun over 11 months earlier. This lockout represented the longest labour-management confrontation in Hamilton labour history, and ended in a settlement that many regard as a foregone conclusion, despite the Union’s…
Winds of investigatory change are blowing through courts and workplaces. Less then a decade ago, unfounded complaints made against a manager could justify stripping him or her of supervisory duties and bar an action for constructive dismissal. These employees had no right to know the details of the complaints against them, nor were they entitled…