This is Canada's only comprehensive dictionary of collective agreement language as interpreted
by labour arbitrators, organized as an easy - to - use reference guide.
I believe it is useful also to consider the approach taken
by labour arbitrators in dealing with off — duty conduct.
This case concerned the interpretation of a collective agreement
by a labour arbitrator.
Notable mandates: Successfully represented Nor - Man Regional Health Authority at the Supreme Court of Canada in a case dealing with the principle of estoppel
by a labour arbitrator; represented an intervenor in another case at the country's top court: Moore v. British Columbia (Education); acted for the private - sector partner in a $ 35 - million P3 deal for claims processing; launched an online privacy compliance forum for privacy officers.
Not exact matches
The review process was assisted
by Mr. Andrew Sims, Q.C., a
labour arbitrator and a former Chair of the Alberta Labour Relations
labour arbitrator and a former Chair of the Alberta
Labour Relations
Labour Relations Board.
The Supreme Court of Canada has been feverishly productive in the field of administrative law since the Fall of 2011, rendering decisions on standard of review (questions of law, jurisdictional error and
labour arbitrators), the right to reasons, issue estoppel, attempts to pre-empt the administrative decision - making process, and review of municipal
by - laws.
In a 2009 decision of the Ontario
Labour Relations Board, cited with approval
by Arbitrator Knopf, the Board held that:
I am aware (h / t Patrick Gingras) of one Canadian case, where a
labour arbitrator was disqualified
by the Federal Court because his FB pages showed social links to a minister who had appointed him and to another who was — via his department — a party before him.
The idea of ownership trumping privacy has long been rejected
by most academic commentators and numerous
labour arbitrators — courts may soon (with the help of legislators?)
The
arbitrator's decision was upheld
by the British Columbia
Labour Relations Board.
At the time the doctrine of judicial deference was first developed
by the Court in the late 1970s and 1980s, the courts in the
labour relations area, in particular, had a poor record of interfering with the sensible development of
labour relations policy
by labour relations boards and
arbitrators under collective bargaining statutes.
The Court concluded that
labour arbitrators are bound
by the requirements of the Personal Information Protection Act («PIPA»), but that they are not required to obtain consent from grievors or witnesses to disclose personal information about those individuals in arbitral awards.
The following represents a few notable decisions made
by the Ontario
Labour Relations Board, the Human Rights Tribunal of Ontario and
arbitrators in 2013 that are relevant to school boards in Ontario.
However, it determined that an exception under s. 18 (1)(o) of PIPA applied to the requirement to obtain consent, as collection, use and disclosure without consent is «required or authorized
by law» based on s. 96 of the
Labour Relations Code, which requires
arbitrators to file a copy of their awards with the director, who in turn is required
by law to make the award «available for public inspection».
He is a member of the Ontario
Labour Management
Arbitrators Association and is governed
by their Code of Ethics.
The parties can agree to an expedited process that mandates the appointment of an
arbitrator from a roster
by the Ministry of
Labour.
Labour arbitrators are also not necessarily bound
by rules of evidence common law, and have more discretion regarding violations of employee's privacy interests in collecting information.
On August 12th the Court of Appeal for British Columbia held that British Columbia
labour arbitrators are bound
by British Columbia's provincial private sector privacy legislation but do not need consent to collect, use or disclose grievor and witness personal information.
Filling a long - felt need expressed
by the
labour arbitration community, the authors have selected leading cases from among the thousands of decisions issued over the years
by arbitrators and the courts.
When arbitration was used mainly
by sophisticated commercial entities (or in the
labour field
by unions and large companies) parties could choose qualified
arbitrators based on personal knowledge and experience.