Sentences with phrase «whether under a collective agreement»

Not exact matches

133 (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement between an employer or employers» organization and a trade union or council of trade unions may refer a grievance concerning the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable, to the Board for final and binding determination.

49 (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable.

The Ontario Court of Appeal has recently determined that in a unionized workplace, a dispute about whether the employer has complied with its obligations under the Employment Insurance Premium Reduction Program under the Employment Insurance Act, must be determined by an arbitrator appointed under the collective agreement, and not by a court.

277.41 A collective agreement between a board and a designated bargaining agent for a teachers» bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.

101 (1) This section applies if, during a proceeding before an arbitrator, other than the Board, concerning an alleged contravention of this Act, an issue is raised concerning whether the employer to whom the collective agreement applies or applied and another person are to be treated as one employer under section 4.

In the Supreme Court of Canada decision in Cooper v. Miller, 1994 1 SCR 359, the issue again was whether wage loss payments under an insurance program offered as an employment benefit to unionized employees pursuant to a collective agreement could be deducted off a past wage loss award.

It first considered whether the standby duty directive was a reasonable exercise of the Employer's discretion under the Management Rights clause of the collective agreement in light of its effect on the lawyers» personal lives and the Employer's business objectives.

Unionized employees don't necessarily have the option of suing their employer, but they can grieve an incident of sexual harassment under the relevant collective agreement whether or not it includes a specific term (s).

The legal obligations imposed under OHS, human rights and employment standards laws are incorporated into every collective agreement, whether or not the agreement expressly says so.