Labor and Employment Law Commons^™

Re Canada Post Corp And Cupw (078-95-00677), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, which continues in effect and which the parties agreed applies to this matter, and in particular of Articles 11, 15, 17 and 52, in that, on July 12 and 26, 1999 two relief letter carders were assigned from LCD#2 to LCD#1 without following the seniority and staffing provisions of the Collective Agreement. The Union requested that the appropriate employees be compensated for any lost liar its, earnings and benefits, with interest at the Bank of Canada rate.

Re Canada Post Corp And Cupw (078-95-00664), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, which continues in effect and which the parties agreed applies to this matter, and in particular of Articles 15 and 17, in that, from June 22 to June 25 regular employees in Group 2 were bypassed in administration of overtime while temporary employees covered uncovered routes, and on June 24 J. Robichaud worked beyond 8 hours. The Union requested that the by-passed employees be compensated for earnings lost on those two days, with interest at the Bank of Canada rate and that the …

Nstu V Nova Scotia (Minister Of Education & Culture), Innis Christie

Innis Christie Collection

The grievance involves the decision of all School Boards in Nova Scotia to refuse payment at the salary levels set out in Schedules of the Collective Agreement following the end of the effect of the Public Sector Compensation (1994-97) Act. The issue is whether teachers' experience-based salary increments provided for in the Agreement, and denied them for the school year 1994-95, are lost not only during the period the Act was in force, but also as the basis on which their salaries after October 31, 1997 are to be determined. According to the School Boards, their teachers permanently lost one …

Re Queen's Regional Authority And Iuoe, Loc 942 (Snow), Innis Christie

Innis Christie Collection

Union grievance dated December 22, 1998, alleging breach of Articles 3, 5, 8, 19, 49.1 and 53.1 of the Collective Agreement between the parties effective April 1, 1996 to March 31, 1999, and in particular of Articles 5.3, 19.3 and 19.8. in that the Employer assigned an employee in the bargaining unit for which the Union of Public Sector Employees is bargaining agent to a position in the bargaining unit for which the Grievor Union is bargaining agent, allegedly wrongly imposing on that Union a duty to accommodate under the P.E.I. Human Rights Act, R.S.P.E.I. 1988, c. H-12. The Grievor …

Cpaa V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievances alleging breach of the Collective Agreement between the parties in respect of the Revenue Postal Operations Group (All Employees) bearing the expiry date 30 June, 1998, which the parties agreed applies here, and in particular of Article 11, in that the Third Party, Louise Harris was promoted to the position of Postmaster in Kingston, N. S., although allegedly, by retroactive effect, at the relevant time she was not eligible to apply for the position. The Union takes no position on the Grievance. Each of the Grievors seeks promotion to the position of Postmaster in Kingston, N. S., with …

Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone

Cornell Law Faculty Publications

Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union national policy grievance dated November 25, 1998, alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, and in particular of Article 12, in that in announcing the creation of its "Simplified Registered Mail Service" project, the Employer indicated that new positions created under this project would not be preferred assignments although, the Union alleges, the work in question corresponds with the duties of a preferred assignment within the meaning of Article 12. The Union requests a declaratory decision that the work in question be performed in registration sections by PO4's in preferred assignments, …

Arbitration And Beyond: Avoiding Pitfalls In Drafting Dispute Resolution Clauses In Employment Contracts, Nancy A. Welsh

Faculty Scholarship

Article Extract:

You've just helped a mid-sized company, Allwell Corp., to reach a settlement in an action brought by a disgruntled former employee. The CEO turns to you and says, "Even though I still believe that we didn't do anything wrong, I'm glad this lawsuit is over. I can't believe how much money and time we've wasted in defending ourselves. Now, how can we keep this from happening in the future? I've been reading about companies putting arbitration clauses in all kinds of contracts. I want to know whether we can require our employees to arbitrate and maybe even require …

Compelling Arbitration Of Claims Under The Civil Rights Act Of 1866: What Congress Could Not Have Intended, Jean R. Sternlight

Scholarly Works

The Civil Rights Act of 1866 was a very special statute, designed at minimum to eliminate all "badges and incidents of slavery" and to ensure that the freed slaves would be provided with civil rights equal to those of white persons. Its enforcement depends on the availability of a neutral public system of justice. Private arbitration cannot assure these characteristics. Thus, courts should not enforce agreements to arbitrate future disputes that may arise under this statute. This Article, however, does not argue that arbitration of claims under the Civil Rights Act of 1866 should be prohibited altogether. Disputants who mutually …

A Negotiation Analysis Of Mandatory Arbitration Contracts, Miriam A. Cherry

Faculty Publications

(Excerpt)

In Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith, Inc. the First Circuit addressed whether a pre-dispute mandatory arbitration contract covered employment claims under Title VII and the Age Discrimination in Employment Act (ADEA) and was thus enforceable. The court held that while these types of arbitration contracts are theoretically enforceable, this particular contract was not. The First Circuit determined that the 1991 Civil Rights Act and the Older Worker's Benefit Protection Act did not preclude the enforcement of mandatory arbitration contracts, and that there was an insufficient showing of arbitral bias to prevent the contract's enforcement. The court, …