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Re Canada Post Corp And Cupw (Safire), Innis Christie Dec 1996

Re Canada Post Corp And Cupw (Safire), Innis Christie

Innis Christie Collection

This is a Union grievance in which it is asserted that the Employer continued to employ a Part-time Mail Service Courier although he refused to become a member of the Union. The Employer has checked off and remitted his dues to the Union. The Union's position is that in continuing to employ him under those circumstances, the Employer is in breach of the Collective Agreement and requests an order that the Employer terminate this employee if he does not become a member.


Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine Jul 1996

Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine

Journal of Dispute Resolution

It has long been assumed that the Constitution prohibited the United States government from entering binding arbitration as a party. The Department of Justice recently re-examined the issue and concluded that there is no absolute constitutional bar to government participation in binding arbitration.' Tenaska is the first reported court decision to adopt the Department of Justice's new reasoning. The court in Tenaska Washington Partners II v. The United States held that a dispute between a private party and a governmental agency must be submitted to binding arbitration when the parties' voluntary agreement contains an arbitration clause.'