Arbitration, when adopted by the parties as was done here in the collective agreement, is an integral part of that scheme, and is clearly the forum preferred by the legislature for resolution of disputes
arising under collective agreements.
... The problem raised by attempts to escape the contract tribunal so as to seek enforcement in the courts of rights
arising under a collective agreement negotiated within the framework of a collective bargaining regime, solely on the grounds that the agreement does not explicitly address the jurisdictional question, is an equally profound difficulty.
The first issue is the tribunal's jurisdiction to decide only those matters
arising under the collective agreement.
Not exact matches
For over thirty years, Mr. Miklave has represented employers and management in all areas of employment, civil rights, and traditional labor law, including issues
arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete
agreements and other post-employment restrictions; wage and hour investigations and litigation; multi-employer pension plan withdrawal liability and administration;
collective - bargaining negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.
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.
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.
[247] Some labour arbitrators in Ontario have considered a breach of a
collective agreement as a factor in assessing undue hardship: see, for example, Chatham - Kent Children's Services v. Ontario Public Service Employees» Union, Local 148 (Bowen Grievance), [2014] O.L.A.A. No. 424 (note, however, that the arbitrator in this case relied on Renaud, supra note 208, a case that
arose under British Columbia's Human Rights Act, S.B.C. 1984, which did not enumerate specific factors for assessing undue hardship, as the Ontario Human Rights Code does).