Law Commons^™

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (NonSupervisory): Internal Mail Processing and Complementary Postal Services, which expired December 31, 1982 but was extended to September 20, 1984 by Bill C-124, and in particular of Article 33, in that the Employer failed to provide safety footwear to casual employees in the same fashion as it had been provided to regular employees. The Union requested that I declare that the Collective Agreement applied to casual employees in this respect, direct that they be provided with safety footwear and that those who should have …

Re Canada Post Corp And Association Of Postal Officials Of Canada, Innis Christie

Innis Christie Collection

Employee grievance alleging discharge without Just cause contrary to the Collective Agreement between the parties bearing expiry date December 31, 1986 but which, counsel agreed, had been extended and applies to this matter. The Union requested that the grievor be reinstated and reimbursed for all lost pay and benefits and that all documents relating to the discharge be removed from his personal file. At the outset of the hearing the parties agreed that I was properly seized of this matter and should remain seized after the issue of this award to hear evidence relating to the quantum of compensation, if …

Dean Christie's Letter, Innis Christie

Innis Christie Collection

The move back into the Weldon Law Building has been completed, except for the Law Library, which will continue to be house in the University's Killam Library until the spring of 1989. It has been a great boost to morale to have everybody under the same roof again.

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and compensated for all lost rights, benefits and earnings and that all reports, letters and documents relating to this discharge be removed from his personal file.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Appendix "P" of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86, in that the Employer failed to implement the provisions of Appendix "P" by creating jobs and expanding services in C.U.P.W. staffed outlets. The Union requested an order that the Employer comply with Appendix "P" and, specifically, that the Employer provide the Union with the results …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Appendix "P" of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86, in that the Employer failed to implement the provisions of Appendix "P" by creating jobs and expanding services in C.U.P.W. staffed outlets. The Union requested an order that the Employer comply with Appendix "P" and, specifically, that the Employer provide the Union with the results …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987 and in particular Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings and that all reports, letters or documents relating to this matter be removed from his personal file.

Re Canada Post Corp And Lcuc (Merlin), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. on behalf of the grievor the Union requested that he be reinstated without any loss of pay and be sent a letter of apology.

Re Canada Post Corp And Canadian Union Of Postal Workers (Halifax Franchise Grievance), Innis Christie

Innis Christie Collection

Union Grievance alleging improper contracting out. Grievance allowed.

National union grievance alleging violation of art. 39.08 of the collective agreement between the parties for the Postal Opera­tions Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, S. C. 1987, c. 40, Bill C-86, in that the employer opened a franchised dealership without holding constructive consultation with the union. The union requested an order that the employer be directed to discontinue the offering of new services through …

Lcuc V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. On behalf of the grievor the Union requested that he be reinstated without any loss of pay and that the letter of discipline be withdrawn from his file. A letter of apology was also requested.

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

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. on behalf of the grievor the Union requested that he be reinstated to his former position without loss of rights, benefits or earnings and that all reports, letters or documents relating to this matter be removed from …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non- Supervisory) : Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986 and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular that the Employer breached Articles 19.14 and 19.15 by changing certain annual leave practices in Moncton. The Union requests an order that the Employer revert to previous practice.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Articles 13.15 and 39.08 of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory). Internal Mail Processing and Complementary Postal Services, signed April 2, 1985 and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86. The Union requested an order that the Employer be directed to withdraw from franchise agreements allegedly made in breach of the Collective Agreement to engage in constructive consultations and to provide certain specified information, and for damages, both in its own right and …

"Institutional Relationships Between Tribunals And Courts" Book Review Of Recent Developments In Administrative Law, Dianne Pothier

Dianne Pothier Collection

If one brings together 14 experts on administrative law to participate in a continuing legal education program on "Administrative Law": Recent Developments and Emerging Trends," there is the potential for either stimulating critical analyses or humdrum descriptive update. On reading the preface to this book, the product of such a program held at Toronto and Ottawa in November 1986, I was expective the former. In large measure, I was disappointed.

Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In this brief comment I offer some critical reflections on Professor Hogg's proposed approach to Charter interpretation. I suggest that Professor Hogg's attempt to legitimize and constrain judicial review is an exercise in confession and avoidance. On the one hand, he admits that "interpretivism" is explanatorily inadequate, yet on the other he refuses to accept "non-interpretivism" for he realizes that it has the potential to unmask the politics of law. I argue that Hogg's third way - that Charter interpretation should be progressive and purposive - is incapable of bearing the legitimizing weight which he requires in that it necessitates …

Baby M: The Contractual Legitimation Of Misogyny, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

The emergence of what have become known as the "new reproductive technologies" is a phenomenon which is neither essentially good nor essentially bad. On the one hand, such developments provide opportunities for social choice, family planning and procreative autonomy which, until recently, were impossible. This expansion of horizons is clearly a "good". However, on the darker side, as a community, we must be concerned about the directions which such opportunities might take. There are very real dangers involved, including excessive genetic engineering, raised expectations of perfect "products" with the correlative dissatisfaction with the "imperfect", inequality of access to these new …