Sentences with phrase «under the collective agreement»

The employer had therefore exceeded its management rights under the collective agreement.

The first issue is the tribunal's jurisdiction to decide only those matters arising under the collective agreement.

The successor employer becomes responsible for its predecessor's rights, privileges, and duties toward employees under the collective agreement.

Employees who are covered under a collective agreement must contact their union for assistance in recovering wages.

For those operating under collective agreements, change is less certain.

In this situation, where the appellant could have sought effective remedies under the Collective Agreement, there is no need for the exercise of that residual jurisdiction.

This meant that the employer had exceeded the scope of its rights under the collective agreement.

The Union grieved the WSIB's conduct on a number of grounds, including that the employer had failed to give appropriate notice to the Union of the planned organizational changes, and that the «early bumps» were not permitted under the collective agreement.

Development of learning resources for distributed learning should be directed by the Ministry of Education, and BCTF members, identified through the BCTF process, should be involved in the development of the resources and compensated according to their rate of pay under the collective agreement provisions that apply in their local.

Ontario arbitrator finds employees entitled to short - term and long - term disability plans under collective agreement not entitled to Personal Emergency Leave

Once Ms. Plaisier had accumulated twenty years of service, she claimed an additional week of paid leave under the collective agreement.

Whether under a collective agreement where the specific arbitrator (s) are named for the duration of the agreement or they agree to appoint a representative and they choose a third who sits as neutral, labour unions prefer this kind of approach to its opposite: the unilateral appointment by a labour board or a minister of labour of a person or persons to mediate, conciliate, and / or in the end arbitrate.

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.

The Ontario Court of Appeal has recently determined that in a unionized workplace, a dispute about whether the employer has complied with its obligations under the Employment Insurance Premium Reduction Program under the Employment Insurance Act, must be determined by an arbitrator appointed under the collective agreement, and not by a court.

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.

That approach is inconsistent with the way the parties have dealt with the determination of workload under the collective agreement, where hours are attributed for preparation and evaluation on a formula basis (unless there are atypical circumstances).

In addition, CNR never considered the question of accommodation under the collective agreement before firing Ms. Seeley (Seeley at para 100).

Termination of Employment (PDF) Covers types of compensation, notice, group terminations, temporary layoffs, wrongful dismissal and termination under collective agreements.

Therefore, while the Court of Appeal has held that the imposition of these specific restrictions in this specific case after the date of the Arbitration decision was not reasonable, the EPS» ability to reasonably manage its operations under the collective agreement remains intact.

It also successfully represented Mercury Graphics Ltd. to resist severance claims under a collective agreement, establishing a legal precedent in the Saskatchewan Court of Appeal.

131 (1) The directors of a corporation are jointly and severally liable to the employees of the corporation for all debts not exceeding six months» wages that become payable while they are directors for services performed for the corporation and for the vacation pay accrued while they are directors for not more than twelve months under the Employment Standards Act, and the regulations thereunder, or under any collective agreement made by the corporation.

have the matter dealt with by final and binding settlement by arbitration under a collective agreement, where one is in place; or

As a Rand Formula Employee, she was entitled to receive the benefits provided to employees under a collective agreement negotiated by PIPSC.

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:

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

(1) In this section and in section 27, «proceeding» includes a proceeding authorized by another Act and a grievance under a collective agreement.

The arbitrator found that the decision to eliminate and contract out of the grievor's position, causing his lay - off, was not made in good faith by the employer for proper economic reasons, but as a reprisal against the grievor for exercising his rights under the collective agreement.

A point of interest on this: Once p - t college workers are under a collective agreement, the laboratory conditions will be complete to compare the trends and settlements of post-secondary sector - wide bargaining (college workers) with those from the university sector where local units negotiate independent of one another.

We represent clients in proceedings before the Manitoba Labour Board, the Canada Industrial Relations Board and boards of arbitration under collective agreements.

Unionized employees can be dismissed, but only for serious misconduct, such as theft or dishonesty, which is characterized as «just cause» under their collective agreements.

CN maintained its view that under the collective agreement, Ms. Seeley was required to report to Vancouver.

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.

Under the collective agreement, employees can not change the dates of their scheduled «make up time.»

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.

She writes at page 36, «Although the Tribunal has had occasion to comment on the challenges posed by such cases, the Tribunal does not appear to have been called upon to decide a case in which there was a direct conflict between rights under the Code, and rights, such as seniority rights, under the collective agreement.»

The worker has not had the matter dealt with by final and binding settlement by arbitration under a collective agreement or filed a complaint with the Board under subsection (2).

Under the collective agreement, Denise Seeley had 15 days to return to service but couldn't due to childcare issues.

The charges in question were apparently based on a strict and rigid interpretation of the SoPs, with the result that the labourers in question were prevented from carrying out work they had been performing safely and skillfully for decades, that was assigned to them under collective agreements, and that in some cases had already been the subject of jurisdictional dispute decisions by the Ontario Labour Relations Board (OLRB).

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