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Palmer & Snyder: Collective Agreement Arbitration in Canada, 7th Edition – Volume 2: Substantive Workplace Issues
Auteur
:
Ronald M. Snyder
Find out what the law and current policy is on labour and collective agreement issues, and the leading cases that support it. This seminal treatise serves as a guide to inform policies and procedures set by HR. Volume 2 provides extensive coverage of substantive workplace issues.
Langue de publication: English
Publié: 24 décembre 2025
Éditeur: LexisNexis Canada
Previous editions cited by all levels of court, including the Supreme Court of Canada
Palmer & Snyder: Collective Agreement Arbitration in Canada by Ronald M. Snyder has been the authoritative reference guide for a generation of labour lawyers, human resource professionals, unions and arbitrators looking to find out – quickly and conveniently – what is the law on a specific labour law issue, and the leading cases that support it.
Hailed as both “important” and a “leading text” to address workplace issues in the unionized context, this 7th Edition continues to provide unparalleled analysis on all major collective agreement concerns.
Volume 2 includes a thorough review of the spectrum of common substantive issues that arise within a unionized workplace, including discipline and dismissals, insubordination, pay issues, scheduling of work and overtime, classifications and postings, seniority, contracting out, management rights, validity of rules and policies, human rights, personal harassment, industrial offences, absences from work, privacy matters, effect of criminal prosecutions, bargaining unit concerns, impact of collective agreements on union officials’ duties and more.
Features of This Book
- Nationally recognized as one of the most quoted authorities in arbitral decisions
- Frequently referred to, and cited by, labour lawyers, union personnel, human resources managers, arbitrators, and the courts, including the Supreme Court of Canada
- Provides up-to-date analysis of current issues in labour arbitration
- Delivers extensive cross-Canada coverage of federal and provincial labour legislation, as well as arbitral, human rights and court decisions
What’s New In This Edition
- New two-volume treatise format:
- Volume 1 addresses interpretative, procedural and evidentiary concerns of arbitration law
- Volume 2 addresses the substantive issues that arise within a unionized workplace
- Preparation of this two-volume treatise involved the canvassing of more than three-thousand arbitration, human rights and court decisions rendered since the previous edition published 7 years ago
- Special Foreword written by The Honourable Marshall Rothstein (Supreme Court of Canada, 2006-2015)
Who Should Read This 2-Volume Book
- Labour lawyers (union and management) – provides in-depth analysis on all major labour law and collective agreement issues
- In-house counsel (for companies with unionized workplaces) – find out what is the law and current policy on labour and collective agreement issues
- Arbitrators and judges – highlights all leading cases that support specific labour law and collective agreement principles
- Union representatives and HR managers – provides guidance how to handle workplace issues, examines the viability of workplace policies and details all aspects of the grievance and arbitration process
- Students and researchers – up to date coverage and analysis of collective agreement issues and principles, labour arbitration and court decisions
Foreword – The Honourable Marshall Rothstein, C.C., K.C.
Preface
PART III – MANAGEMENT RIGHTS AND INSTITUTIONAL UNION CONCERNS
8. Management Rights, Discretion and Workplace Policies
§8.01 Limits of Management Rights
§8.02 Employer’s Discretion and the Duty of Honest Contractual Performance
§8.03 Employer Rules and Policies – The KVP Test
9. Unions and Collective Agreements
§9.01 Introduction
§9.02 Legal Status of Unions
§9.03 Union as Exclusive Bargaining Agent
§9.04 The Union’s Duty of Fair Representation
§9.05 Union Security Clauses
§9.06 Strikes and Lockouts
§9.07 Union Officials—Qualities of the Position and Role
PART IV – DISCIPLINE, WORKPLACE OFFENCES AND NON-CULPABLE TERMINATIONS
10. Discipline and Discharge
§10.01 Resignation, Abandonment or Discharge
§10.02 Concept of Discipline for “Just Cause”
§10.03 Nature and Types of Discipline
§10.04 Grounds for Discipline
§10.05 Evidence and Proof
§10.06 Improper Motivation for Discipline
§10.07 Delay in Imposing Discipline
§10.08 Duties of Employer
§10.09 Procedural Fairness: Investigation and Union Representation
§10.10 Variation or Substitution of Penalty
11. Insubordination
§11.01 What Is Insubordination?
§11.02 “Work (Obey) Now, Grieve Later” Principle
§11.03 Exceptions to the “Work (Obey) Now, Grieve Later” Principle
§11.04 Other Conduct Characterized as Insubordination
§11.05 Quantum of Penalty
12. Workplace Issues and Industrial Offences
§12.01 Introduction
§12.02 The Obligation of an Employee to Attend Work
§12.03 Obligation of the Employee to Work with Diligence, Care and Honesty
§12.04 Harassment, Racism and Violence in the Workplace
§12.05 The Obligation of an Employee While Not at Work to Act in a Manner
Consistent with Continued Employment
13. Non-culpable Termination
§13.01 Introduction
§13.02 Differences Between Culpable and Non-Culpable Conduct
§13.03 Incompetence
§13.04 Innocent Absenteeism/Incapacity
§13.05 Lack or Loss of Qualifications
§13.06 Compelling Retirement
PART V – BARGAINING UNIT PROTECTIONS, PAYMENT CONCERNS AND WORK ABSENCES
14. The Bargaining Unit and its Protection
§14.01 Introduction
§14.02 Creation of the Bargaining Unit
§14.03 Members of the Bargaining Unit
§14.04 Entitlement to Benefits under Collective Agreement
§14.05 Bargaining Unit Work
§14.06 Work Assigned Outside of the Bargaining Unit
§14.07 Transfer and Promotion Out of the Bargaining Unit
§14.08 Contracting Out
§14.09 Contracting In
§14.10 Remedies for Inappropriate Work Assignments
15. Job Classifications, Descriptions and Postings
§15.01 Introduction
§15.02 Classification of Jobs
§15.03 Job Postings
16. Rights and Benefits of Seniority
§16.01 Introduction
§16.02 Definition and Significance of Seniority under the Collective Agreement
§16.03 Establishment and Maintenance of Seniority Rights
§16.04 Seniority and Benefits
§16.05 Job Qualifications and Seniority
§16.06 Breaks in Employment and Seniority
§16.07 Bumping
§16.08 Recall
§16.09 Termination of Employment
17. Scheduling Work and Overtime
§17.01 Overview
§17.02 Reduction in Work Opportunities
§17.03 Scheduling of Overtime, Extra Hours and Extra Days
§17.04 Variation of Days and Hours of Work
§17.05 Alternative Work Arrangements
18. Payment for Work Done
§18.01 Introduction
§18.02 Establishment of Wage Rates
§18.03 Protection of Wage Rates (“Red-Circling”)
§18.04 Alteration of Wage Rates
§18.05 Pyramiding
19. Absences from Work
§19.01 Introduction
§19.02 COVID-19 Impact on Leave Provisions
§19.03 Medical Absences
§19.04 Pregnancy, Maternity and Parental Leave
§19.05 Vacations
§19.06 Holidays
§19.07 Special Leave
PART VI – HUMAN RIGHTS AND PRIVACY CONSIDERATIONS
20. Human Rights
§20.01 Arbitration as an Appropriate Forum to Address Discrimination Cases
§20.02 Interpretation and Application of Human Rights Concepts in Arbitration
§20.03 The Accommodation Process
§20.04 Defences to Accommodation Claims
§20.05 The Roles of Those Impacted by the Accommodation Process
§20.06 Absenteeism and Accommodation
§20.07 Last Chance Agreements
§20.08 Automatic Termination Clauses
§20.09 Specific Applications of the Duty to Accommodate
§20.10 Remedies to Address Accommodation Shortfalls
21. Workplace Privacy
§21.01 Introduction
§21.02 Right to Privacy under the Common Law
§21.03 Privacy Legislation
§21.04 Jurisdiction of the Arbitrator to Decide Privacy Issues
§21.05 Employee-Related Privacy Concerns
Index
