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Palmer & Snyder: Collective Agreement Arbitration in Canada, 7th Edition – Volume 1: Interpretation, Procedure, and Evidence
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 1 provides extensive coverage of interpretation, procedure, and evidence.
**The CEI Student E-Book version is to be purchased by academia only**
Langue de publication: English
Publié: 17 décembre 2024
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 1 includes a thorough review of the fundamental rules of construction for the interpretation of collective agreements, extensively examines all aspects of the grievance and arbitration process, including the various procedural and evidentiary issues that may arise and provides insight into the exclusive and concurrent jurisdiction of arbitrators vis-à-vis other tribunals and the courts. It concludes with a review of the judicial review principles applicable to arbitral decisions.
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
Table of Court Decisions and Arbitration Awards
PART I – THE COLLECTIVE AGREEMENT
1. Elements of the Collective Agreement
§1.01 The Role of Arbitrators in Determining Whether a Collective Agreement Exists
§1.02 The Formal Requirements of a Collective Agreement
§1.03 The Duration of a Collective Agreement
§1.04 The Bilateral Nature of a Collective Agreement
2. Interpretation of the Collective Agreement
§2.01 Determination of Parties’ Mutual Intention
§2.02 Onus of Proof and the Contra Proferentem Rule
§2.03 Rules of Construction Used as Aids to Interpretation
§2.04 Implied Terms in the Collective Agreement
§2.05 Use of Statutes in the Interpretation and Application of the Collective Agreement
§2.06 Past Practice, Negotiating History and Other Extrinsic Evidence
§2.07 Estoppel
§2.08 Stare Decisis
§2.09 Res Judicata: Issue Estoppel and Cause of Action Estoppel (Collateral Estoppel)
3. The Grievance Procedure
§3.01 The Grievance Procedure and Its Purpose
§3.02 Types of Grievances
§3.03 Time for Filing of Grievances
§3.04 Grievance Hearings and Mediation
§3.05 Misconduct During the Grievance Procedure
§3.06 Settlement, Withdrawal and Abandonment of Grievances
PART II – ARBITRATION AS A SYSTEM
4. Exclusive and Concurrent Jurisdiction of Arbitrators
§4.01 Introduction
§4.02 Statutory Versus Consensual Arbitration
§4.03 Modern View of Collective Agreement Arbitration
§4.04 Exclusive Arbitral Jurisdiction Model — Generally
§4.05 Reconciling Jurisdiction of Arbitrators and the Courts
§4.06 Reconciling Jurisdiction of Arbitrators and Other Administrative Tribunals
§4.07 Conclusion
5. The Arbitration Process
§5.01 The Arbitration and Mediation of Grievances
§5.02 The Arbitrator
§5.03 The Arbitrator’s Jurisdiction
§5.04 Pre-Hearing Issues
§5.05 Disposition of the Grievance Before the Hearing
§5.06 The Hearing
§5.07 Post-Hearing Matters
§5.08 Arbitrator’s Remedial Authority
§5.09 Enforcement of Arbitrator’s Orders
§5.10 Challenging the Arbitrator’s Decision
6. Evidentiary Issues in Arbitration
§6.01 Evidence in Grievance Arbitration: General Principles
§6.02 The Standard of Proof and Order of Proceedings
§6.03 Proof of Facts at Arbitration
§6.04 Grounds for Excluding Evidence
§6.05 Charter Objections to Admission of Evidence
7. Judicial Review of Arbitral Decisions
§7.01 Statutory Authority to Judicially Review Arbitral Decisions
§7.02 Common Law Authority to Review Arbitral Decisions
§7.03 Standards of Review
§7.04 Appellate Review of Judicially Reviewed Decisions
§7.05 Procedure
Index
