On April 4, 2017, the New Democratic Party (NDP) of Ontario introduced private member legislation that would amend the Labour Relations Act, 1995 (Act) to bring «card check» union certification back to Ontario for the first time since 1995, and to implement a new first
contract arbitration process.
Not exact matches
It was this
arbitration process which led to the landmark Resorts World Casino
contract in 2012, doubling workers» wages there overnight and rocketing them into the middle class.
The Patrolmen's Benevolent Association says
contract talks with the de Blasio administration have hit a wall a mere two weeks after the union's
contract expired, and as a result, has taken the first steps in the binding
arbitration process.
Or, if your credit
contracts require that disputes go through
arbitration, debt collectors can begin that
process to try to collect the debt.
But in past statements to The Associated Press, he has said that the Trump Organization expects the
arbitration process will ultimately find that Trump Hotels» firing and subsequent removal from the property without an arbitrator's approval violated Trump's
contract.
The legislature created the status of the parties in a
process founded upon a solution to labour relations in a wholly new and statutory framework at the centre of which stands a new forum, the
contract arbitration tribunal.
The firm's services run through the whole
process of construction, ranging from project design and construction
contract issues, to lawsuit and
arbitration.
Morson has handled disputes, including
arbitration, and
contracts in the energy, port, mining and
process plant development sectors, as well as supply
contracts.
It is advisable for parties who have agreed on including an
arbitration clause in their
contract to provide at least some detail as to how an arbitrator will be selected and the procedures and timelines to be used in the
arbitration process.
An
arbitration clause in a construction
contract can take many forms, from a simple statement that the parties agree to refer any dispute arising between them to
arbitration, to a detailed clause containing not only the agreement of the parties to arbitrate disputes, but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the
process.
The union certification
process would be simplified by, among other changes, the removal of certain conditions for remedial union certification in cases of employer misconduct, allowing greater access to first
contract arbitration, empowering the Ontario Labour Relations Board (the «OLRB») to conduct votes outside of the workplace and allowing unions to access employee lists and certain employee contact information once the union has twenty percent (20 %) of employees» support.
Notable cases include Metall Market OOO v Vitorio Shipping, The «Lehmann Timber» (Court of Appeal); Global
Process Systems v Syarikat Takaful Malaysia, The «Cendor MOPU» (Supreme Court); Commercial Court actions and
arbitrations relating to the petrochemical industry, including offshore construction and the litigation arising from the Buncefield tank farm explosion; shipbuilding, ship finance and ship sale disputes; shipping and commodities cases, raising a diverse range of issues relating to
contracts of sale, bills of lading and Charterparties and Arbitration Act 1996 applications.
Though money was the main public focus of the lawyers»
contract demands (a pay increase of 10 per cent over four years, the same conditions an arbitrator awarded Quebec's 450 Crown counsel), Dion says the real driver that triggered the civil lawyers» strike on Oct. 24, 2016 — and fuelled their desire to stay out even after the LANEQ's war chest was depleted and many members were in dire personal financial straits — was their indignation over the government's refusal to grant them the same right to a binding
arbitration process in exchange for the right to strike as they did to the province's 450 - member Crown attorneys» union (the Association des procureurs aux poursuites criminelles et pénales).
In his speech titled A New
Contract between Arbitrators and Parties, Mr. Rivkin offers an analysis of the current situation, as well as suggestions for change aimed to improve time and cost efficiency in the arbitral
process; changes deemed valuable also to address current concerns and criticism of international
arbitration, not least in an ISDS context.
The podcast considers how parties can agree to an ADR
process in addition to or alongside
arbitration (looking at approaches in different jurisdictions and under different arbitral institutional rules), before turning to the complexities of drafting escalation clauses in
contracts.
Mr. Sturgeon handles construction matters from initial drafting of construction and design
contracts and subcontracts, to advising parties with respect to claims and disputes arising during the design and construction
process and their resolution and avoidance, through all facets of the litigation
process for claims that proceed to litigation or
arbitration.
Illustrative of his practice, Whit has successfully represented public companies, audit committees, and senior officers of public companies in securities litigation, derivative litigation, internal investigations of alleged corporate wrongdoing, whistleblower matters, and matters before the Securities and Exchange Commission; international
arbitration between a foreign prime contractor and its U.S. suppliers; trade secret litigation relating to the
processing of big data; and debarment litigation arising out of
contracts performed in Afghanistan.
They may counsel union or management clients on collective bargaining agreements, grievance and
arbitration processes,
contract administration issues, and strikes and work stoppages.
That speaks not just to the legality of such
contracts, but also the legitimacy of the
arbitration process, and in the end, to whether I can be denied access to justice...
The construction
contract contained a three stage dispute resolution
process, being: 1) disputes were to be determined by the respondent's supervising engineer; 2) if the dispute was not resolved, it would be referred to adjudication by a sole adjudicator; and 3) if a party did not accept the adjudication, it could refer the dispute to
arbitration pursuant to the International Commercial
Arbitration Act, R.S.O. 1990, c. I. 9, which incorporates the Model Law.
Access to first
contract arbitration will be easier and the
process will include an intensive mediation component.