Sentences with phrase «rights under the collective agreement»

The arbitrator in the case deemed it unfair to saddle the employer with the consequences of the union's inaction, at least until the end of the collective agreement and ruled that the union was estopped, or barred, from raising the issue or asserting its rights under the collective agreement at least until the expiry of the current collective agreement.

Ultimately, the Court found that «random alcohol testing was... held to be an unreasonable exercise of management rights under the collective agreement».

This case turned on the scope of management rights under a collective agreement, especially in view of the fact that the policy was unilaterally imposed.

However, if an agreement is subject to statutory regulations which are modified or repealed then employees» rights under the collective agreement may be adversely affected.

Arbitrator reinstates grievor whose job was eliminated and the work contracted out after he sought to exercise rights under the collective agreement.

Not exact matches

118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement.

... 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.

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.

Defeated union's challenge to company's right to limit the bidding rights of bargaining unit employees to certain shifts under the parties» collective bargaining agreement.

Harassment, as a civil wrong, had developed within the administrative structure of human rights tribunals and grievance processes under collective agreements but there was no generally recognized common law «tort» of harassment.

The Court held that the Board further erred by attributing human rights protection to all family - related leave permitted under the collective agreement, contrary to the Federal Court's earlier identification of the following four factors to establish discrimination on the basis of family status related to family responsibilities:

Because the collective agreement contained a provision that it could not be used to restrict any of the lawyers» constitutional rights, the PSLREB then considered the Association's argument that the standby duty directive, issued under the Management Rights clause, violated section 7 of the Chrights, the PSLREB then considered the Association's argument that the standby duty directive, issued under the Management Rights clause, violated section 7 of the ChRights clause, violated section 7 of the Charter.

It first considered whether the standby duty directive was a reasonable exercise of the Employer's discretion under the Management Rights clause of the collective agreement in light of its effect on the lawyers» personal lives and the Employer's business objectives.

The legal obligations imposed under OHS, human rights and employment standards laws are incorporated into every collective agreement, whether or not the agreement expressly says so.

This action was permitted under the Appellant's management rights powers in the collective agreement.

In McGill, supra note 129, the Supreme Court of Canada stated at para. 20, «[s] ince the right to equality is a fundamental right, the parties to a collective agreement can not agree to a level of protection that is lower than the one to which employees are entitled under human rights legislation...»

[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).

However, the collective agreement cites obligations under the Ontario Human Rights Code and accounts for situations where accommodating employees with disabilities may override other provisions of the collective agreement.

This includes charges before the EEOC and state fair employment practice agencies; wrongful termination, discharge, employment discrimination, wage / hour, wrongful discharge and breach of contract claims in federal and state courts; prosecuting and defending claims for enforcement of non-competition agreements and trade secret rights; and arbitrations under employment and collective bargaining agreements.

Moreover, the Court of Appeal held that the quasi-constitutional right to accommodation in the workplace, pertaining to an enumerated ground of discrimination under section 10 of the Charter, such as a disability, constitutes a preeminent standard that transcends the law, employment contracts and collective agreements.

D. Innocence Project may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or oAgreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or oagreement or otherwise.

Further, under the Act, if a collective agreement or employment contract provides a «greater right or benefit» than the Act, that agreement or contract will prevail.