Sentences with phrase «arbitration board»

In doing so, the new arbitration board is to take note of the three key errors that the majority of the first board made.
As a union nominee on interest arbitration boards he has represented, among others, firefighters, college and university faculty, and health care support staff.
A recent decision out of Manitoba, Northern Regional Health Authority v. Manitoba (Human Rights Commission), 2016 MBQB 89, examines the overlapping jurisdiction between labour arbitration boards and human rights tribunals with respect to complaints of prohibited discrimination in employment.
The Court referred the grievances back to a different arbitration board.
We regularly represent employers before arbitration boards and labour relations boards, including the BC Labour Relations Board and the Canada Industrial Relations Board.
He has also appeared before a number of administrative tribunals, including grievance arbitration boards, the Alberta Labour Relations Board, and adjudicators under the Canada Labour Code.
Covington & Burling LLP will not participate in dispute settlement proceedings before a consumer arbitration board as it is not required to do so.
Glen has appeared at the Superior Court of Ontario, Supreme Court of B.C. and B.C. Provincial Court as well as the FSCO arbitration board in Ontario.
The effect of the decision is that a new arbitration board will re-hear the arbitration unless one or both of the parties gives up their respective positions.
Jeremy has argued cases before all levels of court in Alberta, the Supreme Court of Canada, the Federal Court of Canada, the Provincial Court of British Columbia, commercial and labour arbitration boards and various administrative tribunals.
For those grievances that OPSEU still wishes to pursue, a different arbitration board will have to be appointed.
Jeffrey Sack, Q.C. practices labour law and acts as a union nominee on interest arbitration boards.
The court decided that the arbitration board made errors when it:
Nearly two years later, an arbitration board struck down Suncor's policy.
In a unanimous decision, the Alberta Court of Appeal reversed an arbitration board's decision that struck down Suncor's random drug and alcohol testing policy.
In Suncor Energy Inc v Unifor Local 707A, 2017 ABCA 313, the Court upheld the lower court's finding that an arbitration board erred in rejecting much of the employer's evidence of safety incidents and risks on the basis that the evidence was either related to non-union employees or not particularized to bargaining unit employees.
The ABCA found that the Majority Panel unreasonably concluded that these «jurisdictional» considerations required the arbitration board to «blind itself to logically relevant evidence» and to characterize Suncor's evidence as being «unparticularized» to the bargaining unit and thus irrelevant.
The S.C.C. overturned a decision of the New Brunswick Court of Appeal and restored an arbitration board's decision striking down the policy.
In its decision, the arbitration board called Hendricks» conduct «a profound failure of leadership.»
The arbitration board dismissed the grievance, finding that the revised discipline was not too severe.
In Calgary (City) v. Calgary Fire Fighters Association (International Association of Fire Fighters, Local 255) an arbitration board on July 9 dismissed a grievance by the union deciding an eight - week suspension and temporary demotion was suitable.
An arbitration board has upheld the decision by the Calgary Fire Department to temporarily suspend and demote a captain after he used an expletive to describe female members of the fire crew.
On March 28, 2014, the majority of the arbitration board released its decision in Suncor v. Unifor, Local 707A.
In the recent decision of Suncor Energy Inc. v Unifor Local 707A, 2016 ABQB 269 the Alberta Court of Queen's bench decided that the arbitration board, which said Suncor's random testing program for drugs and alcohol could not go forward, was wrong.
Having the issue re-considered by a new arbitration board could also take a significant amount of time.
Given the language of the collective agreement and the Protocol, it is not a reasonable conclusion that the parties intended to give an unlimited discretion to the arbitration board to develop a new workload and compensation scheme to apply to the return to work after the strike on a case by case basis and to have that system operate in conjunction with the rules in Article 11 applicable to the «normal workload.»
The Ontario Divisional Court has set aside two awards of an arbitration board chaired by Owen Shime.
The arbitration board also rejected the union's argument that the College had not fulfilled any obligation it had to notify employees of their entitlement.
In a union challenge to the exclusion by a College of a Marketing Manager from the Support Staff bargaining unit, an arbitration board chaired by Jane Devlin has found that the Marketing Manager position in question fell within Schedule 1, section 5 (d) of the Colleges Collective Bargaining Act, 2008 («employed in a managerial or confidential capacity [to a manager]») and was therefore properly excluded from the bargaining unit.
The arbitration board concluded that the College's primary responsibility was to pay the premiums for the insurance and the Collective Agreement did not require automatic registration of partial load employees into the plan; rather since participation in the plan was subject to application procedures, employees first had to fill out an application form before being enrolled.
An arbitration board chaired by Owen Shime, in a unanimous decision, has found that the language of the Academic Collective Agreement does not require the College to automatically enrol partial load faculty into benefits plans.
The arbitration board reviewed the Collective Agreement provision, which provides that «The College shall pay 100 % of the billed premium of the extended health care plan for partial load employees... subject to the application procedures for this benefit.»
The arbitration board reasoned that if coverage was automatic, the Collective Agreement would not have envisioned an application procedure.
A majority of the Shime board found that the parties, in the Return to Work Protocol they signed to end the 2006 strike, gave the arbitration board an unfettered discretion to decide compensation payable to employees for the work they performed following the strike.
The arbitration board was considering a union grievance alleging that the assignment of certain duties to two professors warranted the payment of a coordinator's allowance under the academic agreement.
The employer appealed, and the New Brunswick Court of Queen's Bench set aside the finding of the arbitration board, holding that it was unreasonable, because of the dangerousness of the workplace (note: the worksite was ruled by the arbitration board to be «dangerous» and subsequent courts accepted this ruling).
The arbitration board had found that the expected safety gains to the employer were ranging from uncertain to minimal, while the impact on employee privacy was severe.
When the matter was first dealt with by an arbitration board, it weighed the employer's interest in random alcohol testing against the harm of the policy to employees» privacy interests.
Justice D. Blair Nixon of the Alberta Court of Queen's Bench has quashed the majority decision of the arbitration board (the «Majority») in the case surrounding Suncor's proposed random drug and alcohol testing program and sent the case back for a new hearing before a newly constituted panel.
Legal developments emerging from human rights tribunals, arbitration boards and courts across Canada have imposed additional challenges, expanded obligations, and the need to think outside the box as employers and service providers alike are faced with new and increasingly complex requests for accommodation.
(7) After the day that is thirty days after the delivery of the decision or after the day that the decision provides for compliance, whichever is later, the arbitration board may, of its own motion, and shall, at a party's request, file a copy of the decision, in the prescribed form, with the Superior Court of Justice.
We provide a broad range of professional legal services in matters before the BC, Alberta and Federal courts, as well as before a variety of administrative tribunals, including labour relations boards, human rights tribunals, and arbitration boards.
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