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Canadian Union of Public Employees v Ontario (Minister of Labour), 2003 SCC 29, is a leading Supreme Court of Canada decision on arbitration and bias in administrative law. The court held that it was patently unreasonable for the Minister of Labour to appoint retired judges as arbitrators in labour disputes without considering their expertise ...
During the strike the Liquor Corporation brought in the managers to do the work of the strikers. The union brought a suit against the employers claiming that their actions violated section 102(3) of the Public Service Labour Relations Act. At the same time, the employer also claimed that the union was in breach of the Act due to their picketing.
Industrial arbitration is a type of arbitration to prevent or settle labor disputes that may arise between an industrial employer and a union, union member, or union representative to prevent legal action taking place and finding less costly ways to settle disputes.
The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. [1] An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding.
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. [1]
By contrast, in conventional arbitration, parties are more likely to call on the arbitrator to decide disputed issues, giving the arbitrator the power to craft a "reasonable" award. In addition to promoting settlement, use of FOA leads parties to adopt reasonable positions during the arbitration, because an unreasonable position will almost ...
The workers later dropped their lawsuit against the union after the arbitrator rendered his decision on their remaining grievances in August 2005. Then, on September 23, 2004, the men filed a lawsuit against Pennsylvania Building Company,14 Penn Plaza, LLC and Temco in District Court .
Since Justice Samuel Alito's confirmation to the Supreme Court in 2006, anti-union groups have looked to challenge the decision of Abood by arguing that the inherent activities of a public section union including political campaigning that make it difficult to separate the use of non-member dues. [9] The Court had prepared to rule on Friedrichs v.