Sentences with phrase «many arbitration decisions»

Canaccord Genuity Analyst Mike Walkley called the arbitration decision «surprising» in a research note, adding that it will help bolster BlackBerry's balance sheet as it pivots to focusing on software for future growth.

But she also claimed that «the case has already been won in arbitration» — though, as CNN pointed out, no arbitration decisions were final.

Even so, we believe strongly that Judge Doty's order is incorrect and fundamentally at odds with well - established legal precedent governing the district court's role in reviewing arbitration decisions.

Supervisor Howard Phillips cites the fact that this year the town is caught between more mandated costs from the state and county, and a potentially costly decision from a binding arbitration decision with the Police PBA.

(Recently, the New York City teachers union won an arbitration decision mandating that «lesson plans are for the personal use of the teacher» and that supervisors may not «mandate specific elements of lesson plans.»)

o Implemented a new educator evaluation system (2012 - 2014), inclusive of student outcomes, to better differentiate individual feedback and performance, as well as streamline arbitration decisions: http://www.state.nj.us/education/AchieveNJ/resources/201516EducatorEvaluationImplementationReport.pdf

Appeals from commercial arbitration decisions are narrowly circumscribed under the Arbitration Act.

Further down the road, Gavelytics will also add selected arbitration decisions issued by arbitrators in California.

Also, an arbitration decision can't be overturned by a court even if it clearly and obviously misstates the facts and applies legal rules that are clearly contrary to the law.

Knowing that she was a sitting Judge and Justice helps clients to feel confident that her arbitration decisions are objective and based on a solid legal understanding as well as principles of equity and fairness.

Suncor sought judicial review of the arbitration decision.

The principal error in the arbitration decision was the application of a legal test that was too stringent and unreasonably narrowed the evidence of a drug and alcohol problem at Suncor's workplace.

Instead, an employer or union will be required to apply to the Labour Relations Board if they wish to have labour arbitration decisions reviewed.

To some, the Suncor arbitration decision appeared to slam the door shut against random testing.

As a result, he held that the arbitration decision was unreasonable and sent the issue back for a fresh hearing.

Annex 3 contains recent BIT arbitration decisions which impact upon key concepts.

Canadian appeal courts are increasingly showing deference to commercial arbitration decisions in order to honour what was intended to be a final resolution of the parties» dispute.

It is argued that a consistent and predictable approach to the defence of necessity in investment arbitration decisions is possible, through which a better balance of investor protection and state sovereignty could be achieved.

As well, the arbitrator's decision is silent with respect to the many arbitration decisions over the last decade or so which stand for the proposition that in safety - sensitive workplaces, the employer need not advance proof of an actual drug problem before adopting drug testing policies (which are of course far more intrusive than the use of drug sniffing dogs).

The arbitration award was in excess of her insurance coverage, and the insurer tendered the limits after the arbitration decision was rendered.

However, we proactively secured an arbitration decision in Switzerland that endorsed the fairness of our mediated settlement agreements, helping ensure all former members of the club would pay their dues and their share of any liability.

He has substantial trial experience, having tried more than 25 matters to verdict, final judgment, or final arbitration decision.

This grievance arbitration decision clarifies that a finding of workplace harassment will only be made after an objective assessment of the impugned conduct in light of the circumstances of the particular work environment.

A recent grievance arbitration decision, Fanshawe College of Applied Arts and Technology v. Ontario Public Service Employees Union («Fanshawe College»), provides valuable guidance to employers on what is — and what is not — considered workplace harassment.

Hi, I am looking for arbitration decisions involving dismissal due to absenteeism, and if possible where the absenteeism involves addiction.

A settlement offer is made before the arbitration decision in order to settle the dispute (hence «settlement offer»).

Binding arbitration generally allows for much more irrelevant evidence to be admitted, and binding arbitration decisions can not generally be overruled on the grounds that the arbitrator failed to follow the law or completely screwed up in understanding the facts.

One difficulty with finding labour arbitration decisions is a lack of uniformity in the style of cause; sometimes the union's name may be fully spelled out, other times it may be abbreviated, or it may be omitted altogether and the name of the griever used.

In an arbitration decision, it suggested I hyphenate «collective - bargaining» in the phrase «collective bargaining agreement.»

I came across this fairly interesting legal blog, Domain Name Shame, that tracks WIPO arbitration decisions in domain name cases.

Because arbitration decisions are typically not disclosed and not subject to appeal, consumers and workers are left without recourse and must bear the cost of unfair, deceptive and harmful practices.

Among those who can afford the fees, many learn they can not enforce their legal rights because arbitration decisions do not need to be based on the law; arbitrators have their own procedures, and some studies have found that they are systematically biased in favor of the companies that hire them.

While most formal arbitration organizations do have some appeal options, most arbitration decisions are binding.

It took about two years for the first arbitration decision to be made and then just over a year and a half for the Court of Queen's Bench to make its decision.

This marked the first reported arbitration decision on random testing since the Supreme Court of Canada weighed in on the issue with its Irving Pulp decision.

«This blawg provides recent news on all sorts of interesting arbitration decisions nationwide and does so accurately, intelligently, concisely and with a sense of humor and, sometimes, savvy political commentary.

Of note, Alan and his co-counsel Christopher Riggs were recently successful before the Divisional Court in reversing an arbitration decision on the 1200 return to work grievances, where the Court set aside the arbitrator's decision granting extra compensation to faculty members following their return from the 2006 academic strike.

The Tribunal found that the Johnstone test, which in the 2015 labour arbitration decision Ontario Public Service Employees Union (Bharti) v. Ontario (Natural Resources and Forestry) was applied in the context of eldercare, «imposes an unduly onerous burden on applicants» by requiring them to show that their legal responsibility for their children (or parents, in the case of eldercare) is impacted by the impugned workplace rule.

We also expect the number of disputes submitted to arbitration to grow, given the increasing delay of decisions from the judicial courts against the relative promptness of arbitration decisions.»

In 2016, he successfully appeal an arbitration decision in Equitas Disability Advocates, LLC v. Feigenbaum, et al. in the United States Court of Appeals for the D.C. Circuit.

In a recent arbitration decision involving a case of petty theft in the workplace, an arbitrator provided very useful guidance on workplace theft and the mitigating factors an employer should take into account in determining the penalty.

All arbitration decisions involving children must be decided in the child's best interests.

A recent arbitration decision could effectively deny accident victims access to attendant care, Ottawa personal injury lawyer Najma Rashid tells... Read more

Except for the appeal process under the BCICAC Rules, the parties agree that they will not appeal any arbitration decision, or decision of an Appeal Tribunal, to any court.

I research, write, and edit arbitration decisions and awards, so that arbitrators can spend more time hearing evidence and deciding cases.

With some minor exceptions for doping cases, arbitration decisions must be communicated to the parties within seven days of the completion of the hearing process.

It is literally a textbook or checklist for the interpretation of contracts and the review of arbitration decisions.

«Those arbitration decisions signal that if you have breached the privacy of a patient in Saskatchewan it's just no big deal.

The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties» collective agreement and the Ontario Human Rights Code.

Among dozens of tips, the panel suggested that LeNoury and Wilson compile a list of all 1,700 arbitration decisions to present to the court.