IRE244H1 Lecture Notes - Lecture 7: United Automobile Workers, Absenteeism, Arbitration Clause
6 Nov 2016
School
Course
Professor
Document Summary
The orla requires all collective agreements to have an arbitration clause. [s. 48], i. e. a formal complaint resolution process that deals with disputes arising form the collective agreement. Needed since strikes are not permitted during collective agreement. Arbitrator has power to interpret and apply human rights and other employment related statues. Weber vs. ontario hydro (1995: supreme court of canada rejected concurrent jurisdiction in favour of exclusive jurisdiction, i. e. unionized employees must pursue . Individual grievance: relates to a single bargaining unit member, most common. Group grievance: se(cid:448)eral si(cid:373)ilar i(cid:374)di(cid:448)idual grie(cid:448)a(cid:374)(cid:272)es (cid:858)grouped(cid:859) together to (cid:271)e heard & de(cid:272)ided together. Policy grievance: general application or policy question under the collective agreement, i. e. tech change, pay equity, challenge to absenteeism control policy. In discipline and discharge cases the onus (burden) of proof is on the employer: civil standard of proof, i. e. balance of probabilities (more likely than not) In other cases, the onus is on the party bringing the complaint typically the union.
