In a unanimous decision released Sept 28, 2017, the Alberta Court of Appeal («ABCA») upheld a judicial review decision which found that the majority of
a grievance arbitration panel («Majority Panel») had improperly decided that Suncor's random drug and alcohol testing policy was unenforceable.
Not exact matches
Every January, teams from law schools across Canada compete in a simulation of a
grievance arbitration hearing based on emergent issues before tri-partite
panels.
However, if the Board of Directors decides that the
arbitration should proceed, the matter shall be remanded to the
Grievance Committee or the
arbitration panel for further proceedings.
If either the
Grievance Committee or the
arbitration panel determines that because of the amount involved or the legal complexity of the dispute the dispute should not be arbitrated, the
arbitration shall automatically terminate unless either of the parties to the dispute appeals the decision to terminate the proceedings to the Board of Directors within twenty (20) days of the date of notice that the
Grievance Committee or the
arbitration panel declined to continue the proceeding.
Anyone who was a party to the original
arbitration hearing, a member of the
Grievance Committee present during the meeting when the
arbitration request was reviewed, a member of the original
arbitration Hearing
Panel, or who was otherwise involved in this matter prior to the procedural review request is disqualified from serving on this Procedural Review Hearing Tribunal.
Interpretations of the Code of Ethics has been developed by the Professional Standards Committee of the National Association of Realtors ® to help Realtors ® understand the ethical obligations created by the Code of Ethics, and as a reference work for
Grievance Committees, ethics and
arbitration Hearing
Panels, and Boards of Directors.
Prior to the original
arbitration hearing, the
arbitration request was reviewed by (the Board's
Grievance Committee)(or)(a
panel of the Board's
Grievance Committee members) and referred to the Board's Professional Standards Committee for a hearing.
Dismissals of ethics complaints and
arbitration requests by hearing
panels can be appealed to the Board of Directors on the same bases as dismissals by the
Grievance Committee.
Also useful for members of the
grievance committee, hearing
panels and board of directors (or any real estate firm involved with an ethics complaint and / or
arbitration request.)
In the event of such an appeal, the
Grievance Committee or the
arbitration panel shall report its conclusions in writing to the Directors and, if the Directors concur, the
arbitration shall terminate and the parties shall be relieved of their obligation to arbitrate.
(d) If either party to an
arbitration request believes that the
Grievance Committee has incorrectly classified the issue presented by the request («mandatory» or «voluntary»
arbitration situation), the party has twenty (20) days from transmittal of the
Grievance Committee's decision to file a written appeal of the
Grievance Committee's determination using Form # A-20, Appeal of
Grievance Committee (or Hearing
Panel) Dismissal or Classification of
Arbitration Request.
o. «Tribunal» means those persons serving in a given case on a
Grievance Committee or a Hearing
Panel of the Professional Standards Committee in either an ethics or
arbitration proceeding, or a Board of Directors or appropriate body appointed by a Board of Directors to act in its behalf.
Arbitrability and appropriate parties While primarily the responsibility of the
Grievance Committee,
arbitration Hearing
Panels may consider questions of whether an arbitrable issue actually exists and whether the parties named are appropriate to
arbitration.
To prevent any appearance of bias,
arbitration Hearing
Panels and procedural review panels shall make no referrals of ethical concerns to the Grievance Comm
Panels and procedural review
panels shall make no referrals of ethical concerns to the Grievance Comm
panels shall make no referrals of ethical concerns to the
Grievance Committee.