IRE244H1 Chapter Notes - Chapter 10: Alternative Dispute Resolution, Absenteeism

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Rights arbitration addresses alleged violations of the collective agreement. Has manby of the same characteristics of a legal proceeding in that witnesses are sworn in, give evidence, and can be cross- examined, and evidence is formally presented and reviewed. In arbitration, the decision is based on probable cause. Also differs in that arbitrators are not bound to follow jurisprudence, the past decisions of other arbitrators, and that arbitration decisions are considered final and binding. Second, the management group will need to present evidence to answer questions in order to show that there was just cause for its disciplinary actions. Third, the union representative will have an opportunity to question the management witness and counterevidence. Mitigating factors: factors argued by the union for a reduction in a sanction. Both management and the union each choose a representative and mutually agree to a third chairperson, who is registered with the appropriate labor relations board.

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