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Labour Arbitration
1. Introduction to Labour Arbitration
2. The Legal and Contractual Framework
3. Key Parties and Roles
4. The Grievance Procedure
5. Pre-Arbitration Stage
6. The Arbitration Hearing
7. Substantive Issues in Discipline and Discharge Arbitration
8. Substantive Issues in Contract Interpretation Arbitration
9. Non-Disciplinary and Human Rights Issues
10. The Arbitration Award
11. Post-Award Procedures
12. Special Procedures and Considerations
The Legal and Contractual Framework
The Collective Bargaining Agreement
Structure and Key Provisions
Recognition Clause
Term of Agreement
Renewal and Renegotiation
The Grievance Procedure Clause
Scope of Grievances
Steps and Time Limits
Final and Binding Arbitration Clause
Management Rights Clause
Definition of Management Rights
Limitations Imposed by the Agreement
Residual Rights Theory
Just Cause Provision
Definition and Importance
Application in Discipline and Discharge
Variations in Language
No Strike, No Lockout Clause
Peace Obligation
Exceptions and Limitations
Statutory Framework
Labour Relations Acts and Codes
Federal Jurisdiction
Provincial Jurisdiction
Jurisdictional Variations
Statutory Rights and Obligations
Human Rights Legislation
Prohibited Grounds of Discrimination
Impact on Arbitration
Duty to Accommodate
Employment Standards Legislation
Minimum Standards
Interaction with Collective Agreements
Greater Benefit Rule
Occupational Health and Safety Legislation
Right to Refuse Unsafe Work
Impact on Discipline
Privacy Legislation
Personal Information Protection
Workplace Surveillance
Common Law Principles
Estoppel
Definition and Application in Labour Relations
Impact on Contractual Rights
Requirements for Estoppel
Principles of Natural Justice
Right to a Fair Hearing
Impartiality of the Arbitrator
Duty to Give Reasons
Right to Know the Case
Contract Law Principles
Formation and Interpretation
Implied Terms
Frustration of Contract
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1. Introduction to Labour Arbitration
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3. Key Parties and Roles