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.
Not exact matches
(2) Where notice has been given
under section 59 and the Minister has
appointed a conciliation officer or a mediator, no application for certification of a bargaining agent of any of the employees in the bargaining units as defined in the
collective agreement and no application for a declaration that the trade union that was a party to the
collective agreement no longer represents the employees in the bargaining unit as defined in the
agreement shall be made after the date when the
agreement ceased to operate or the date when the Minister
appointed a conciliation officer or a mediator, whichever is later, unless following the appointment of a conciliation officer or a mediator, if no
collective agreement has been made,
(2) Where no
collective agreement is in operation, no employee shall strike and no employer shall lock out an employee until the Minister has
appointed a conciliation officer or a mediator
under this Act and,
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.