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Grievance arbitrators now have a responsibility to interpret and apply human rights legislation in the course of resolving collective agreement disputes. This responsibility, however, raises the question of whether grievance arbitration is the most suitable forum for the application of human rights laws. In Canada, grievance arbitration has been a hybrid process, containing both public and private components. Recent arbitral jurisprudence, however, suggests that arbitrators see themselves as primarily private adjudicators. These cases indicate that arbitrators have been reluctant to give full scope to the duty to accommodate in order to avoid disturbing the terms of the collective agreement. This reluctance to play a full role as human rights adjudicators means that arbitration is not necessarily the most ideal forum for the enforcement of Canadian human rights laws.
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Can legal tools used by judges and lawyers adequately deal with the public policy issues that underly any alteration of our present system of industrial relations.
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The Charter has had the effect of casting a long shadow of uncertainty over our established industrial relations institutions. Nowhere is this more true than in the area of grievance arbitration. In this paper, the author deals with the issues at stake, and the reasons why bot h arbitrators and judges are having such difficulty in deciding upon the extent to which grievance arbitration should be influenced by the Charter.
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This article reviews the book, "Compulsory Arbitration in New Zealand - The First Forty Years," by James Holt.
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This paper deals with some of the basic problems created by the adoption of collective bargaining procedures by faculty at Canadian colleges and universities.
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In this paper, the author describes the major features of the legal structure for collective bargaining in the Ontario public sector. The emphasis is mostly placed upon the Crown Employees Collective Bargaining Act which applies to a sub-stantial portion of the Ontario public sector labor force. The basic issues dealt with include : disputes settlement, scope of bargaining, determination of bargaining units, representation elections and political activities.
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The impact of the US judicial doctrines on recent Canadian Charter of Rights and Freedoms decisions relating to Canada's collective bargaining laws is analyzed. No clear pattern emerges concerning the impact of American jurisprudence on those Charter cases relating to labor law. What is very noticeable, however, is the tendency of the Canadian judiciary to consult US case law, even if it is ultimately rejected as a deciding factor in the particular decision to be rendered. Even in those cases in which US jurisprudence was seen to be particularly relevant, it was never to the exclusion of an assessment of the Canadian experience or without a recognition that the values, institutions, and constitutional arrangements of the 2 nations are different.
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- Journal Article (7)