Article on the NLRB and the NHL's chances of declaring an impass
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12-17-2004, 01:19 AM
Join Date: Apr 2004
Location: Locking the Lounge??
Originally Posted by
I posted an OLRB decision in an earlier thread where they refused to certify a bargaining unit that included employees outside the province. They reasoned that they didn't have any jurisdiction over the employees who weren't in the province. Unless the NHLPA has separate bargaining units for the various provinces, I don't see how the various LRA's have jurisdiction.
That is interesting. Could a distinction be drawn based on the fact that the Senators are the sole employers? I don't really know the NHLPA's make-up enough to comment on the seperate units. So, for example, CAW, have different units certified in each province?
I have a little bit of difficulty with it b/c in order to have jurisdiction under most legislation, you don't have to operate solely in that province. For example, for incorporation, you can incorporate in Saskatchewan, and also carry on business in Ontario. The corporation will still attract the jurisdiction of courts and tribunals in Ontario, for their actions in Ontario.
Just an off the cuff thought, again, Labour law is not my thing, but I find it difficult to envision the board not having jurisdiction over workers in their province.
Its also hard to beleive that the NHLPA 1) didn't certify in Quebec and 2) if they don't have different units for the provinces and the law is that they are required to, that they were not aware and/or didn't do this. Not exactly dilligent.
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