Freedom of association is not absolute; if the Ontario legislature can demonstrate that
its essential services legislation is reasonable and justified in the circumstances, then a court may uphold the law and the TTC employees» will remain unable to strike.
This decision does not conclude that
all essential services legislation that imposes limits on strike action will be unconstitutional; however, it will have an impact on the future of labour relations across Canada... [more]
The decision dealt with
essential services legislation passed by the Saskatchewan government in 2008.
Where
essential services legislation provides such an alternative mechanism, it would more likely be justified under s. 1 of the Charter.
This landmark decision strikes down Saskatchewan's
essential services legislation, which prevented a wide range of public sector employees from striking.
The BCTF achieved full collective bargaining rights in 1987, and lost the right to strike in 2001 when the BC Liberal government passed
essential services legislation.
Not exact matches
Its platform explicitly included
essential -
services legislation, «reviewing» Workersâ $ ™ Compensation, an end to card - check certification, and free reign for management to oppose union organizing.
Under provincial
legislation,
essential services agreements, which set out staffing levels and other expectations, must be finalized with the health authority before employees can take job action.
(1) to protect and promote breastfeeding, as an
essential component of their overall food and nutrition policies and programmes on behalf of women and children, so as to enable all infants to be exclusively breastfed during the first four to six months of life; (2) to promote breastfeeding, with due attention to the nutritional and emotional needs of mothers; (3) to continue monitoring breastfeeding patterns, including traditional attitudes and practices in this regard; (4) to enforce existing, or adopt new, maternity protection
legislation or other suitable measures that will promote and facilitate breastfeeding among working women; (5) to draw the attention of all who are concerned with planning and providing maternity
services to the universal principles affirmed in the joint WHO / UNICEF statement (note 2) on breastfeeding and maternity
services that was issued in 1989; (6) to ensure that the principles and aim of the International Code of Marketing of Breastmilk Substitutes and the recommendations contained in resolution WHA39.28 are given full expression in national health and nutritional policy and action, in cooperation with professional associations, womens organizations, consumer and other nongovermental groups, and the food industry; (7) to ensure that families make the most appropriate choice with regard to infant feeding, and that the health system provides the necessary support;
'' «notes the threats to the future of the Royal Mail and welcomes the conclusion of the Hooper Report that, as part of a plan to place the Royal Mail on a sustainable path for the future, the current six days a week universal
service obligation (USO) must be protected, that the primary duty of a new regulator should be to maintain the USO, and that the Government should address the growing pensions deficit; notes that modernisation in the Royal Mail is
essential and that investment must be found for it; endorses the call for a new relationship between management and postal unions; urges engagement with relevant stakeholders to secure the Government's commitment to a thriving and prosperous Royal Mail, secure in public ownership, that is able to compete and lead internationally and that preserves the universal postal
service; further notes the Conservatives» failure to invest in Royal Mail when they were in power in contrast with Labour's support for both Royal Mail and the Post Office; and notes that
legislation on these issues will be subject to normal parliamentary procedures.»
Federal
legislation will require an
essential health benefits package that provides a comprehensive set of
services.
Today, there are disagreements in the application of the European directives on medical devices and gas appliances between the EC
services and CEN experts (industry) on the formal presentation of the so - called informative «Annex ZZ» — that describes the correspondence between the standard's technical specifications and the
essential requirements of the EU
legislation.
The case involved
legislation passed by Saskatchewan provincial government concerning
essential services, but which effectively removed any right to strike from large portions of the public
service without any meaningful mechanism to challenge the government's decisions concerning which
services were
essential.
To summarize, the Saskatchewan Federation of Labour challenged Saskatchewan's Public
Service Essential Services Act (PSESA) and the Trade Union Amendment Act, which came into force May 14, 2008, alleging both pieces of
legislation violated section 2 (d) of the Charter, which protects freedom of association and expression.
As for the Saskatchewan government, it looks like it is back to the drawing board to create a more appropriate piece of
legislation to maintain
essential services during work stoppages.
On November 28, 2016, the government tabled
legislation to repeal parts of Conservative Bill C - 4 (Economic Action Plan, No. 2, Division 17), dealing with
essential services, collective bargaining, and processes for grievances and dispute resolution in the federal public sector.
In 2008, a newly - elected Saskatchewan government passed two pieces of labour
legislation, one of which was the Public
Service Essential Services Act (PSESA).
The PSESA was a controversial piece of
legislation that, among other things, broadened the categories of public
services defined as «
essential», provided the employer with unilateral authority to determine which employees provided
essential services, and prohibited employees providing those
services from striking.
The Public
Service Essential Services Act is not included in the
legislation.
The Alberta government is holding consultations on proposed
legislation to protect
essential public
services while upholding public sector workers» right to meaningful collective bargaining dispute resolution... [more]
The government has developed an
Essential Services Discussion Guide that provides more information on the proposal to help direct a consultation process on the proposed
legislation.
The PSESA included similar prohibitions against striking for those employees working for «
essential services,» as defined in the
legislation.
Essential Services Survey c / o Labour Relations Policy and
Legislation Jobs, Skills, Training and Labour 7th Floor, Labour Building 10808 — 99 Avenue Edmonton, AB T5K 0G5
The
legislation will provide a high - level definition of «
essential services,» but the parties will be expected to negotiate fair and responsible
essential services agreements in order to ensure that meaningful collective bargaining can take place while
essential services are maintained.
The Alberta government is holding consultations on proposed
legislation to protect
essential public
services while upholding public sector workers» right to meaningful collective bargaining dispute resolution.