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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
The Grievance Procedure
Definition of a Grievance
Nature of Disputes Covered
Contractual vs. Statutory Grievances
Distinction from Complaints
Types of Grievances
Individual Grievance
Definition and Examples
Personal Impact
Group Grievance
Definition and Examples
Common Issues Affecting Multiple Employees
Policy Grievance
Definition and Scope
Union-Initiated Disputes
Union Grievance
Circumstances and Rationale
Institutional Rights
Employer Grievance
Less Common but Possible
Examples and Procedures
Steps in the Grievance Process
Informal Complaint Stage
Attempt at Informal Resolution
Documentation and Record-Keeping
Time Limits for Informal Resolution
Formal Written Stages
Step 1 Grievance
Submission Requirements
Level of Management Response
Step 2 Grievance
Escalation Procedures
Higher Management Involvement
Additional Steps
Variations in Collective Agreements
Role of Shop Stewards and Union Representatives
Advocacy and Support
Communication with Members
Investigation and Preparation
Role of Supervisors and Management
Investigation and Response
Record of Proceedings
Authority to Settle
Procedural Requirements
Timeliness and Mandatory Time Limits
Consequences of Missed Deadlines
Extension of Time Limits
Written Grievance Forms
Required Information
Clarity and Specificity
Amendment of Grievances
Proper Parties
Standing to Grieve
Union Authorization
Settlement at the Grievance Stage
Negotiated Resolutions
Without Prejudice Discussions
Memoranda of Settlement
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3. Key Parties and Roles
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5. Pre-Arbitration Stage