Advice, Representation & Collective Bargaining

Filion Wakely Thorup Angeletti LLP Services Clients Through Advice, Representation and Collective Bargaining Negotiation

Advice

We regularly advise our clients on their obligations under the many statutes governing the employment relationship, including federal and provincial labour relations, human rights, health and safety, employment standards, pay equity, workers' compensation, pension benefits legislation and other similar statutes.

Our clients rely upon us for our judgement in employment relations matters as much as for traditional legal advice. We are often asked for our opinion on practical matters such as whether a dispute should be litigated or settled, the most effective way to introduce a significant workplace change, or how to improve the relationship with the union in the workplace. We are also frequently retained to provide strategic advice on issues such as union certification attempts, corporate restructuring, and employee involvement programs:

Union Certification Drives and Representation Votes
Non-union employers often seek our advice on how to legally respond to union attempts to organize their workplace. Where a representation vote is directed by the labour board, we work closely with employers to help them legally respond to the union's campaign in a timely manner. We develop a communications strategy which is consistent with the employer's approach to employee relations and which effectively communicates the employer's position to employees.

Corporate Restructuring, Mergers & Acquisitions
We advise our clients or their corporate solicitors on the labour and employment aspects of corporate restructuring. In addition to conducting due diligence reviews and ensuring compliance with all applicable labour and employment laws, we are also consulted in the preliminary stages of a transaction to assess the labour relations implications and potential employment-related costs of the restructuring, matters which can be extremely important factors in how the deal itself should be structured.

Employee Involvement Programs
In recent years, we have helped employers implement innovative workplace organizations. We have assisted employers in both unionized and non-union workplaces to develop programs for continuous quality improvement, team-based work systems, and employee involvement and empowerment. We are proud to have participated in many of the leading examples of such initiatives in Ontario.

Representation

Increasingly, employers are faced with claims, complaints, and grievances from employees, former employees, and unions. These actions may result in proceedings before the courts or any one of a variety of administrative tribunals.

In the courts, we represent employers in wrongful dismissal actions, including actions involving fiduciary duties of departing employees, injunction applications, occupational health and safety charges, and in judicial review applications, at all levels of the trial and appellate courts.

In the administrative arena, we represent employers in proceedings before labour arbitrators, employment standards referees, the Ontario Labour Relations Board, the Canada Industrial Relations Board, human rights tribunals, the Pay Equity Tribunal, and workers' compensation adjudicators. We also appear before various tribunals which hear complaints from public sector employees such as the Education Relations Commission and the Public Service Grievance Board.

Regardless of the forum, our approach in representing employers is consistent. We believe that a client's interest in a matter can be properly presented to a decision-maker only by thorough preparation and a complete understanding of the employer's business.

Collective Bargaining Negotiations

Depth of experience in collective bargaining negotiations is one of our greatest strengths. Whether acting as a spokesperson at the bargaining table or as an advisor to the bargaining committee, we assist employers in every stage of the negotiation process from the drafting of the first proposal to the conciliation and mediation process. We start by ensuring that an effective communications strategy and thorough contingency plan are in place prior to the start of bargaining. We then represent clients at the bargaining table and provide advice on strategy and language issues to clients conducting their own bargaining. In more complex collective bargaining negotiations, we help managers and human resources personnel thoroughly prepare for the negotiation process .

Efficiently Meeting the Needs of Our Clients

We keep our clients apprised of new developments in labour and employment law. We hold an annual seminar for all clients of the firm at which members of the firm and guest speakers discuss topical issues. Quarterly luncheon seminars are conducted at the firm for clients in particular sectors of the economy, focusing upon current employment issues affecting the sector. Our clients benefit both from the formal presentation, as well as the exchange of information with their peers on the matters under discussion. When significant amendments to legislation are made, we immediately provide summaries of the changes to clients.

Over many years, we developed and continue to maintain a proprietary data-base containing summaries of thousands of unreported arbitration decisions, memoranda, and collective agreements. Our exclusive access to this data-base assists in providing a uniquely relevant yet cost-effective service to our clients. We also maintain a complete law library, permanently staffed, containing both standard legal texts and a substantial volume of labour and employment material.