McMahon Molyneaux Henriquez is Hamilton’s own union-side labour lawyer team. Our lawyers are proud supporters of the labour movement and workers’ rights and have experience representing unions in Hamilton, Ontario—a city with a rich union history—as well as and across southwestern Ontario including: Niagara Region, Brantford, Cambridge, Kitchener-Waterloo, Guelph, Milton, Mississauga, Oakville, Burlington, Ancaster, Dundas, and Stoney Creek. Union clients have called on us to represent them as far north as Kapuskasing, as far west as Winnipeg, and as far east as Ottawa and Kingston.
Together, the McMahon Molyneaux Henriquez labour lawyer team has represented trade unions both as private bar counsel and in-house counsel on a broad range of labour law matters, including:
- Grievance arbitrations
- Interest arbitrations and Hospital Labour Disputes Arbitration (HLDAs)
- Certification applications
- Unfair labour practice complaints and Public Sector Labour Relations Act (PSLRTA) disputes
- Collective bargaining
- Duty to bargain complaints
- Strikes and lockouts
- Judicial reviews
- Constitutional challenges
Our diverse union-side experience makes us sensitive to the interests of unions and their members. We provide high-quality and cost-effective representation to unions while remaining committed to our shared, progressive values. Unions will benefit from excellent results delivered in a cost-conscious and timely way.
With more than 30 years of experience, Joanne McMahon has represented major North American unions on a broad range of issues. Her practice includes the representation of unions with both provincially and federally regulated bargaining units in many different industries, including trucking, courier, health care, steel and chemical amongst other plants, and shipping on the Great Lakes. Joanne regularly appears for unions at grievance arbitrations, and before the Canada Industrial Relations Board and the Ontario Labour Relations Board on a significant variety of matters including first contract arbitrations, successor and related employer applications, certification applications, unfair labour practice complaints, union mergers and jurisdictional issues. She has also represented clients before the Human Rights Tribunals, the Superior Court of Justice, the Ontario Court of Appeal and the Federal Court of Appeal.
Focused on providing legal support to unions before, during, and after a union organizing drive, Sarah Molyneaux has appeared before the Ontario Labour Relations Board on certification applications, defending against decertification applications and in unfair labour practice complaints in a broad range of industries.
This practice is complemented by Roberto Henriquez’s experience advocating for unions and union members at grievance arbitrations, interest arbitrations, including under the Hospital Labour Disputes Arbitration Act (HLDAA), and human rights applications.
Our Labour Lawyers’ Work
Some of our Hamilton labour law team’s notable work on behalf of unions and their members includes:
- Successfully defending a union’s key inside organizer against allegations that his legitimate organizing efforts constituted illegal harassment in Worldpac Canada Inc, 2018 CanLII 75070 (ON LRB).
- Defeating a decertification application brought after a unionized hotel was purchased by a new owner who was highly antagonistic towards the union’s representative in Mallory v United Food and Commercial Workers Canada, 2018 CanLII 13358 (ON LRB).
- Assisting in the organization of Canada’s first unionized Amazon drivers, represented by the United Food and Commercial Workers Canada (UFCW), Local 175.
- Successfully defending against a judicial review application to the Federal Court of Appeal by an employer who asserted that the Canada Industrial Relations Board’s certification of a group of in-flight paramedics was unconstitutional in Northern Air Solutions Inc.
- Obtaining a successor employer declaration in Pavao Meats Wholesale & Retail Ltd. following the sale in bankruptcy of a previously unionized meat processing facility and deli to a non-union employer.
- Achieving improvements in wages, benefits, vacation, and pension contributions for nursing home employees in multiple Hospital Labour Disputes Arbitration Act(HLDAA) interest arbitrations.
Please note: The results in these cases may not be typical. Each case depends on a variety of factors, some of which may be outside the control of the parties or their lawyers.
Training for Union Members, Union Stewards and Union Leadership
McMahon Molyneaux Henriquez labour lawyers draw on their extensive experience representing unions to provide up-to-date training to union members, union stewards and union leadership on issues that matter to them. This includes updates on legislative changes and developments in labour law, as well as sexual harassment, non-discrimination or health and safety training tailored to the unique circumstances of unionized workplace or a union office.
Paralegal Services for Union Members
As a unique offering to our union clients, McMahon Molyneaux Henriquez’s paralegals are able to assist union members with cases that fall outside of the jurisdiction of the Labour Board or grievance arbitration. Our team offers cost-effective, professional representation in Employment Insurance appeals and Wage Earner Protection Program (“WEPP”) claims following bankruptcy, and other matters within the paralegal scope of practice.
Local Labour Law Representation Right Here in Hamilton
Based in Hamilton, McMahon Molyneaux Henriquez is able to offer local support to Hamilton and Niagara-based local unions and other locals based within or outside of the Toronto-core, with bargaining units located throughout the entire province. Having represented unions at grievances Ontario-wide, the McMahon Molyneaux Henriquez team of labour lawyers knows that local support matters.
In addition to our shared commitment to labour justice in our own backyard, McMahon Molyneaux Henriquez’s Hamilton location cuts down on the cost, time and frustration involved in unnecessary commutes to Toronto for hearing preparation.
Our lawyers and paralegals are tech-savvy and have been quick to adapt to the reality of labour litigation in the COVID-19 era. Thanks to video conference and document sharing technology, we have continued to represent our clients effectively and safely throughout the pandemic.
We enjoy meeting with union representatives, grievors, and organizers where it is most convenient for them, whether that’s at our office or theirs—or by video conference. Contact us today arrange a consultation.