Description: carefully read and analyze the decision issued by the Ontario Labour Relations Board (OLRB) in the case of Canadian Union of Postal Workers v. Foodora Inc(2020). This case involves workers at an app-based food delivery company attempting to unionize. The company, Foodora, contested the workers ability to form a union on the basis that workers could not unionize because they were independent contractors, not employees. The OLRB found in the union/workers favor and ruled that food delivery workers were in fact dependent contractors (a form of employment)
Also read the following two short summaries of the case for additionalassistance:
1) Ryan White, How the Ontario Labour Relations Board Ruled Foodora Workers are Employees and Not Independent Contractors.The Law of Work, March 5, 2020. Available at https://lawofwork.ca/how-the-ontario-labour-board-ruled-foodora-workers-are-employees/
2)Alison Braley-Rattai & Larry Savage, Despite Foodora Ruling, App-Based Workers Face Uphill Union Battle. The Conversation, March15, 2020. Available at https://theconversation.com/despite-foodora-ruling-app-based-workers-face-uphill-union-battle-132744
Requirement:
1) Comprehension: You must clearly demonstrate that you have read and understood the OLRB decision by providing a concise summary of the Boards finding, as well as the positions of the union and company. This should take the form of an introduction which outlines the decision of the OLRB and the main arguments on which it relied in making its finding. Your introduction should also briefly discuss/summarize the remainder of what you will say in your paper, including how you will evaluate the implications of this case.
2) Summary of the Evidence: This section must outline the evidence on which the author of the OLRB decision bases his argument.
Students should address the following questions:
What is the difference between employee and independent contractor status? Why does this matter in this case?
What is a dependent contractor? Why does the OLRB find this designation compatible with Foodora couriers work?
What are the positions of the employer and the union regarding employee classification? On what evidence does each establish their case for employment or independent contracting?
According to the OLRB, how does Foodora organize the work that couriers perform, and how does this shape the decision of the Board? (For example, note areas such as pay, scheduling, tools etc.)
What role does control over work assignments and employment termination play in this case?
What role does the ability to work more/longer or for other app companies play in this case? How does the OLRB deal with these issues in the Foodora case?
3) Evaluation: Here you will insert yourself into the analysis. Based on what you have read in both the OLRB decision and the two analyses of the latter, how do you assess the Foodora case? What does it tell us about employment status and the gig economy? What additional obstacles do gig workers face when trying to organize unions?
