IRE244H1 Lecture Notes - Lecture 7: Arbitration Clause, Concurrent Jurisdiction, Collective Agreement

• School: UTSG
• Department: Employment Relations, Centre for Industrial Relations and Human Resources
• Course: IRE244H1
• Professor: Frank Reid

Document Summary

Relates to the setting of terms and conditions of a collective agreement. Relates to resolving disputes in applying and interpreting the terms and conditions of an existing collective agreement. The orla requires all collective agreements to have an arbitration clause, i. e. a formal complaint resolution process that deals with disputes arising from the collective agreement. Needed since strikes not permitted during collective agreement. Arbitrator has power to interpret and apply human rights and other employment relation studies. Supreme court of canada rejected concurrent jurisdiction in favor of exclusive jurisdiction, i. e. unionized employees must pursue human rights complaint through arbitration. Might get better decisions from arbitrators because they have more specialized knowledge in labor law. Arbitration is still slow and some would say still expensive. Not required to follow precedents (no higher or lower arbitration, so nobody is required to follow anyone else"s decisions) Relates to a single bargaining unit member.