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Business and Management
Human Resources (HR)
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
Key Parties and Roles
The Employer
Role in the Arbitration Process
Representation and Decision-Making Authority
Burden of Proof in Discipline Cases
Management Witnesses
The Union
Duty of Fair Representation
Legal Obligations
Standard of Care
Remedies for Breach
Role in Advancing Grievances
Union Representatives and Legal Counsel
Internal Union Procedures
Conflicts of Interest
The Grievor
Rights and Responsibilities
Participation in the Process
Right to Union Representation
Individual vs. Collective Interests
The Arbitrator
Qualifications and Selection Criteria
Legal Background
Labour Relations Experience
Neutrality and Impartiality
Single Arbitrator
Advantages and Disadvantages
Selection Process
Tripartite Arbitration Board
Structure and Composition
Union Nominee
Employer Nominee
Neutral Chair
Decision-Making Process
Majority vs. Unanimous Decisions
Powers and Limitations
Jurisdiction
Remedial Authority
Procedural Control
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2. The Legal and Contractual Framework
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4. The Grievance Procedure