Labour Law
Practice Area Lead: Andrew Montague-Reinholdt
For more than 50 years, our firm has supported unions and their members across Canada. Labour law is a specialized area with its own structure, processes, and traditions, and navigating it requires a clear understanding of how workplaces, bargaining relationships, and collective agreements operate in practice. We work with unions of every size and industry, offering clear and consistent guidance to help them support their members effectively.
Labour issues often involve people, relationships, and the unique culture of each workplace. Disagreements can arise around collective agreement interpretation, discipline, accommodation, workload, or workplace behaviour, and these concerns can affect both morale and the ability of the union to support its members. We help unions work through these challenges, offering advice that is grounded in experience and sensitive to the realities of labour relations.
Because we are part of a full-service firm, our labour clients also benefit from the experience of our employment, litigation, business, estates, and real estate teams. Labour disputes often connect with broader issues such as workplace accommodation, professional regulation, governance, or member benefits. Having access to multiple practice areas helps unions address concerns comprehensively rather than in isolation.
We also understand that many unions operate with limited internal resources. Some need help with a single file; others require ongoing support for grievance arbitration, collective bargaining, or policy development. We adapt our approach to what each union actually needs. No two workplaces or bargaining relationships are the same, and we tailor our involvement accordingly.
Our lawyers represent unions and their members before arbitration boards, labour relations boards, human rights commissions, workers’ compensation bodies, and courts across Canada. We also provide proactive guidance to help prevent disputes, including advice on collective agreement interpretation, policy drafting, workplace investigations, organizing, and the effective use of labour legislation.
Our focus is on providing practical, informed support that strengthens the labour–management relationship and helps unions advocate confidently on behalf of their members.
Frequently Asked Questions About Labour Law
What does a labour lawyer do for a union?
A labour lawyer helps unions interpret and enforce their collective agreements, navigate disputes with employers, support members through grievances or investigations, and provide advice on bargaining, policy issues, and workplace rights. We also represent unions before labour boards, arbitration panels, and courts when needed.
What is the difference between labour
law and employment law?
Labour law deals with unionized workplaces, collective agreements, and the relationship between unions and employers. Employment law generally applies to non-unionized employees. The rights, processes, and legal frameworks are different. At Nelligan, we maintain a strict separation to avoid conflicts of interest.
When should a union involve a labour
lawyer in a grievance?
A union may involve a labour lawyer when a grievance raises complex interpretation issues, when the stakes are high (such as termination or discrimination), or when a matter is headed to arbitration. Legal advice can help unions assess the strength of the case and decide how to proceed.
What happens during a grievance
arbitration?
At arbitration, a neutral arbitrator hears evidence from both the union and the employer and then issues a binding decision. A labour lawyer prepares the case, represents the member and union, and presents arguments that support the union’s interpretation of the collective agreement.
Can a union member speak directly
to a labour lawyer?
Yes. Members often speak with a labour lawyer when referred by their union representative. We work in partnership with unions, ensuring communication stays consistent with the union’s processes and goals.
What should a union do if an employer
is not following the collective agreement?
Unions can file a grievance, seek clarification from management, or request mediation or arbitration. A labour lawyer can help assess the best approach based on the issue, timelines, and past practice within the workplace.
How can a union prepare for collective
bargaining?
Preparation may include reviewing the existing agreement, gathering member feedback, analyzing past disputes, and identifying priorities. Labour lawyers assist by drafting proposals, advising on strategy, and ensuring compliance with legislation.
What role does labour law play in
workplace accommodation?
Accommodation is a shared responsibility between the employer, union, and employee. Labour lawyers help unions understand their role, protect members’ rights, and ensure that solutions respect both human rights obligations and the collective agreement.
Can a labour lawyer help with internal
union matters?
Yes. We assist with governance issues, constitutional interpretation, elections, member discipline, and disputes within the union. Our goal is to help maintain transparent, fair, and consistent processes.
When is judicial review used in labour
matters?
Judicial review is used when a party believes an arbitration award or board decision was unreasonable or outside the decision-maker’s authority. Labour lawyers advise on whether review is appropriate and represent unions in court if the matter proceeds.
Do unions need legal support even if they
have experienced internal advocates or
stewards?
Many unions have strong internal representatives. Legal support is typically needed when a matter becomes more complex, reaches arbitration, involves human rights issues, or carries broader implications for the bargaining unit.
