Tag: Arbitration

Bill takes aim at forced arbitration of sexual harassment complaints

by Tammy Binford Arbitration, long a favored method of handling workplace disputes, would be removed as an option in sexual harassment and gender discrimination cases if a new bill introduced in Congress becomes law. Often, employment contracts contain arbitration clauses that require disputes to be settled through arbitration instead of litigation. Also, complaint settlements frequently […]

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The erosion of employers’ managerial rights

by Mikael Maher In a recent arbitration case, Tshiuetin Rail Transportation Inc. v. Steelworkers, Local 7065-75, the arbitrator, Bruno Leclerc, and the Superior Court of Quebec challenged a well-established principle in labor relations, which is that an employer retains managerial rights in the absence of limiting provisions in the collective agreement. In this case, the […]

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Supreme Court will consider class action waivers

The U.S. Supreme Court has agreed to hear a trio of wage and hour cases involving arbitration agreements that require workers to waive their right to pursue employment claims as a group. In recent years, the validity of such waivers has divided federal appeals courts and drawn the attention of the National Labor Relations Board […]

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Arbitration awards: a permanent part of an employee file

by Emilie Paquin-Holmested In Canada, amnesty clauses are commonly found in collective agreements. The purpose of such clauses is to erase disciplinary measures from an employee’s file after a given period, usually between six and 24 months. Therefore, normally employers cannot consider disciplinary measures that predate the amnesty period when determining the appropriate disciplinary measure […]

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Keep your eyes on these labor and employment Supreme Court cases

by Judith E. Kramer The first Monday in October (October 5) marked the beginning of the U.S. Supreme Court’s new term. While during the course of the 2015-2016 term the Court could agree to hear additional cases, these are the labor and employment cases currently on the docket, as well as a case involving affirmative […]

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To arbitrate or not to arbitrate? That is the question

by David Johnson Including a mandatory arbitration provision in an employment contract is a trendy thing to do. Is it the right thing to do for your business? Let’s look at some commonly accepted pros and cons of arbitration and dispel some myths. Pros Arbitration is cheaper and quicker. This is usually true because court […]

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Don’t skimp on preparation when arbitrating with a union

by Gary S. Fealk Almost every union contract has a provision that requires that disputes be settled by final and binding arbitration. Preparing for arbitration is essential. Here are some pointers on arbitration preparation and procedures.   Grievance answers and choosing an arbitrator Always answer grievances with an eye toward arbitration. Answer the merits of the […]

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Mandatory flu vaccination/masking policy upheld

By Charles G. Harrison A recent labor arbitration in British Columbia upheld the employers’ policy requiring annual flu vaccinations or masking for their healthcare staff. Coming as it does during flu season, this is a timely decision.

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Phoning it in: Termination appropriate for employee who called in ‘sick’

By Hannah Roskey Determining the legitimacy of an employee’s illness is a tricky situation for employers across Canada. The Alberta Court of Queen’s Bench recently took a firm stance on the abuse of sick leave and found in favor of the employer in Telus Communications Inc. v. Telecommunications Workers’ Union. Telus was correct in firing […]

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