Discuss The arbitrator jurisdiction flows from the Labour Relations Act, 1995 (see Sec 48). [Ontario, Canada]

Words: 312
Pages: 2
Subject: Uncategorized

Students will be provided with: 1. A Grievance filed by the Union 2. Management Documents 3. Management Position / Argument – explaining why the Employer took the action against the Employee. 4. Union Position / Argument- explaining why the Union believes the action taken by Management was unjust. Students are to review the position and provided case law from both the Employer and the Union – and/or research case law/statutes and write an arbitration award decision. The arbitration award is to provide an analysis and reasons to support the decision arrived at. An arbitration decision outlines: 1. The grievance and grievance issue(s). 2. The Union’s reason for their grievance. 3. The Union defending their position – with reliance on the same other arbitration / human rights / or Court decisions as used by the Employer. 4. The Employer reason for taking the action they did (which resulted in the grievance being filed). 5. The Employer defending its position – with reliance on the same or other arbitration / human rights / legislation, or Court decisions as used by the Union. 6. The included arbitration cases – illustrate how an arbitration decision is to be written. 7. An arbitration decision is to include: – Opening – Management position – Union position – Analysis – Reason for decision arrived at 8. As arbitrator – an arbitrator may dismiss the grievance, uphold the grievance and award the remedy as stipulated by the Union, or amend and substitute a lesser penalty (cannot harden the penalty). 9. The arbitrator jurisdiction flows from the Labour Relations Act, 1995 (see Sec 48). [Ontario, Canada]

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