Tracey Henry (She/Her)
Lawyer
CONTACT INFORMATION
EDUCATION
- Call to the Bar, 2002
- LL.B., Osgoode Hall Law School, 2001
- M.Sc. (1997) University of Guelph (Biochemistry)
MEMBERSHIPS
- Canadian Bar Association
- Ontario Bar Association (Labour Relations Section Executive)
Tracey provides representation and advice to trade unions in collective bargaining and grievance arbitration, and her achievements include helping forge successful agreements in many high-profile disputes. She represents unions in matters before the Ontario Labour Relations Board, the Canada Industrial Relations Board, and other administrative tribunals. Tracey also represents trade unions in proceedings under the Companies’ Creditors Arrangements Act.
Tracey is recognised as a Leading Practitioner in Labour Law and Construction Labour Law in the Canadian Legal Lexpert Directory, is recommended by Chambers Canada, and Best Lawyers. Chambers and Partners notes that Tracey is a “great, very effective advocate who is very good at getting down to what the real issue is.”
Tracey has wide-ranging experience and interest in labour law matters. She offers education and training to union executive committees and union members in all areas of labour law, including collective-agreement negotiation, administration of collective agreements, and human rights issues. Tracey is often asked to speak at labour law conferences, including co-chairing the Labour Arbitration Conference by Lancaster House and presenting at the National Academy of Arbitrators and the Law Society of Ontario.
Together with Danielle Stampley and Alex St. John, Tracey co-authored a paper entitled CCAA Duty of Good Faith: Notice Obligations to Union Stakeholders, which has been accepted by the Annual Review of Insolvency Law and was presented at the 17th Annual Review of Insolvency Law. She has also been published in the proceedings of the National Academy of Labour and Management Arbitrators.
Recent Representative Work
Negotiating Steel
Tracey’s negotiating strengths were on display when (along with Michael Wright) she represented United Steelworkers Local 1005 in the insolvency proceedings of Stelco Inc., the Hamilton-based steel company. Tracey was a key advisor in the negotiation of a collective agreement with the company’s new owners and played a prominent role in protecting the interests of both active employees and retirees in the restructuring of Stelco. The entire Stelco matter, a numbingly complex negotiation involving numerous stakeholders, was recognized by Lexpert as one the “Top 10 Deals” of 2017.
"Top 10" Deal of the Year
Tracey represented United Steel Workers Local 2251 (again with Michael Wright and also Alex St. John) in the restructuring of Algoma Steel, which was completed in 2018. Her contribution involved negotiating a new collective agreement and protecting the pensions of retirees. Lexpert named the restructuring as one of the “Top 10 Deals” of 2018.
Convincing OLRB to Use Remedial Powers
No right can be more fundamental to workers than the right to join and be represented by a union. Tracey recently represented LIUNA Local 183, on behalf of workers at Roadside Paving Ltd., five of whom were fired after they attempted to have LIUNA Local 183 act as their certified bargaining agent. Tracey persuaded the Ontario Labour Relations Board to exercise its power of remedial certification. Not only was the decision a significant victory for the workers involved but it was also an important example of the Board exercising its most significant remedial powers. The outcome stands as an example to the industry that statutorily enshrined workers’ rights will be upheld.
Securing Retirement
Tracey regularly advises employee benefit trusts and pension plans about how to enhance and protect the interests of retirees and other union stakeholders.
Advocating in Unprecedented Educational Terrain
Wright Henry are counsel to the Laurentian University Staff Union (LUSU) after the university became the first-ever public-sector university in Canada to file for creditor protection under the Companies’ Creditors Arrangement Act (CCAA). We represented the interests and rights of the Union and its members during this unprecedented CCAA proceeding, providing strategic advice in a complex, multi-stakeholder negotiation and compensation-claims process. Together with Danielle Stampley and Brendan Scott, Tracey represented the Union on all motions before the court and provided strategic advice and guidance on the Union’s role in University governance, and will continue to do so as the matter proceeds.
Here to Help
Enlist objective advice and committed legal representation. Whatever your challenge—no matter how fundamental or involved—Wright Henry will help you navigate the shoals and arrive at the best possible destination. We offer wide-ranging expertise and a proven record of success.