Law Commons^™

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The main issue before me here is whether the new dress code implemented by the Employer April 5, 1992, for uniformed employees, was within the power of the Employer in so far as it provides: The wearing of tags, buttons, stickers and other insignia is not permitted unless prior approval of the Corporation is obtained.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Preliminary Issues involving intervention in hearing, scope of available remedies and joinder of grievances.

National union grievance dated December 30, 1991, alleging breach of the collective agreement between the parties bearing the expiry date 31-07-89, but kept in effect by force of legislation, and in particular of arts. 11, 12 and 13, in that the employer designated certain wicket positions as bilingual without justifying, for each position, the need for this change and without regard to the staffing requirements of the collective agreement. The union requests a declaration that this action by the employer was in breach of the collective …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties dated July 31, 1992, and in particular of 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 granted full redress.

Can Employment Law Arbitration Work?, Mark Berger

Faculty Works

Over the course of the 1960s through early 1990s, a wave of Federal and State legislation modified the presumption of an at-will employment relationship with a number of statutes that gave workers rights to not be terminated for suspect reasons. However, these protections made conflicts following termination of employment far more likely, and measures were taken to try to lessen the chance of these becoming litigation. Following the Supreme Court’s decision in Gilmer v. Interstate/Johnson Lane Corporation, the use of mandatory alternative dispute resolution, primarily arbitration, to resolve employment rights claims began to be considered. This article examines whether …

Re Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie, John Staple, Charles S. Rennie

Innis Christie Collection

Individual grievances alleging breach of the Collective Agreement between the parties for the period April 1, 1988 - March 31, 1991 in that the Employer violated Article 1.5.1 and other relevant articles in denying the Grievors leave without pay for the purpose of working in the school system to become eligible to get pensionable service credit, and in denying them the right to transfer pensionable service purchased by them into the Teachers' Pension Plan when they were employed by the Employer.

Re Canada Post Corp And Cupw (030-02-00037), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Article 33 in that there are not stools for each case used for sorting short and long letter mail in the Charlottetown Main Post Office, and some of the existing stools are in poor condition. The Union requested an order that the Employer provide a proper complement of stools.

Re Canada Post Corp And Cupw (129-92-00007), Innis Christie

Innis Christie Collection

Union grievance on behalf of all regular employees in group 2 working at the Summerside Post Office, alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Article 19 in that on December 19, 1992 the Employer introduced the 1993/4 annual leave schedule blocking off certain weeks from the selection/bidding process. Alternatively, the Union alleges breach of the equivalent provisions in predecessor Collective Agreement.

Re Canada Post Corp And Cupw (030-02-00040), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Article 33 in that the Employer failed to maintain a clean an healthy working environment. The work area and washrooms were allegedly in an unsanitary condition and garbage bags were allegedly not being changed on a regular basis. The Union requested an order that the Employer recognize its primary responsibility in this area, carry out an investigation in the presence of a Union representative and provide a report to the Union.

Re Canada Post Corp And Cupw (129-92-00006), Innis Christie

Innis Christie Collection

Union grievance on behalf of all regular employees in group 1 working at the Summerside Post Office, alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Articles 14, 15, 17 and 39 in that on December 6 and 13, 1992 they were bypassed for overtime on their day of rest while two casual employees worked during a high mail volume situation.

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Articles 15, 17 and 39 in that the grievors were bypassed for overtime while a casual employee worked.

Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Susie Scott

Innis Christie Collection

On behalf of Professor Vandervort, The Association, pursuant to article 31.5.5 of the 1991-2 Collective Agreement, contests the President’s recommendation to the Board of Governors that she be dismissed, on the ground that reasons for dismissal do not exist.

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the expiry date 31-07-89 but kept in force by legislation, and in particular of Article 20, in that the Grievor was improperly denied sick leave. The Union requested the improperly denied sick leave be reinstated.

Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Re Tcc Bottling Ltd And Retail, Wholesale & Department Store Union, Local 1065, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the collective agreement between the parties dated March 26, 1992, which counsel agreed was to govern this matter, and in particular of arts. 8 and 21 in that, for non-disciplinary reasons, the employer wrongly refused to allow the grievor to return to work after absence due to illness. The grievance requests "full redress".

Dispute Resolution Program Overview, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Building And Maintaining A Statewide Mediation Program: A View From The Field, Sharon Press

Faculty Scholarship

Written in 1992, this article attempts to provide guidance to states seeking to improve the judicial system through increased use of alternative dispute resolution (“ADR”) mechanisms. The format most often selected is the establishment of statewide mediation offices. Part I of this article identifies the issues that should be addressed by any group wishing to establish a statewide court-connected mediation program. Part II presents an analysis of Florida’s experience in establishing a statewide court mediation program as an example of how these issues were resolved in practice by a state that has implemented a court-connected mediation program. This article concludes …

Should Arbitrators Follow The Law?, David A. Lipton

Scholarly Articles

No abstract provided.

Caesar Would Have Arbitrated, Hugh D. Spitzer

Articles

With the recent increase in mandatory arbitration for small civil disputes and voluntary arbitration for much larger cases, it is easy to suppose that dispute resolution by someone other than a government- appointed judge is a novel, imaginative creation of the modern legal system.

But for the Romans who lived in Julius Caesar's time, indeed from several hundred years B.C. to at least 300 A.D., most civil matters never went to an official "judge." Instead, almost all such disputes were resolved by a lay arbitrator under a remarkably flexible and enduring system of civil procedure that worked as effectively as …

Consumer Redress Through Alternative Dispute Resolution And Small Claims Court: Theory And Practice, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

There are significant difficulties in providing consumers with redress because dispute resolution costs are high relative to the sums being sought. Consumers also manifest a reluctance to enter legal processes for other reasons. This prompted the creation of user-friendly small claims courts and encouraged the discussion and sometimes the use of non-judicial, alternative dispute resolution forums for addressing consumer redress. This paper explores the theoretical and practical distinction between these two types of dispute resolution forums. The practical differences are examined on the basis of observation of both types of forums and discussions with practitioners of alternative dispute resolution.

The …

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

New Paradigm, Normal Science, Or Crumbling Construct? Trends In Adjudicatory Procedure And Litigation Reform, Jeffrey W. Stempel

Scholarly Works

One aspect of a possible new era is the increasing ad hoc activity of various interest groups, including the bench and the organized bar, primarily pursued through official organizations such as the Judicial Conference, the Federal Judicial Center, the American Bar Association (“ABA”), and the American Law Institute. Traditionally, of course, judges and lawyers have lobbied Congress and state legislatures for litigation change, as demonstrated by the saga of the Rules Enabling Act (“Enabling Act” or “Act”). But, the legal profession's more recent “political” activity regarding litigation reform differs from the traditional model in several ways. First, the participation of …

Understanding The Malpractice Wars, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.

International Trade Law And The Arbitration Of Administrative Law Matters: Farrel V. U.S. International Trade Commission, Ronald A. Brand

Articles

With support from the executive branch, Congress, and the courts, arbitration has become an increasingly popular method of international dispute resolution. While agreements to arbitrate traditionally were frowned upon, particularly when the dispute involved certain “public law” or “statutory” matters, the situation has changed dramatically in the past few decades. United States courts now routinely order arbitration of disputes implicating important policy issues in securities, antitrust, Racketeer Influenced and Corrupt Organizations (“RICO”), and employment law matters. By the end of the 1980’s, the presence of a public or “statutory” issue seemed no longer to be a distinguishing factor; arbitration, when …

Financial Distress As A Non-Cooperative Game: A Proposal For Overcoming Obstacles To Private Workouts, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Faculty Publications

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …

Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham

Law Faculty Scholarly Articles

The Jefferson Family Court's custody mediation service was developed as part of a larger program creating the first family court system in Kentucky. The mediation service's connection with the Family Court has influenced both practical and policy aspects of its development. Any description of the mediation project necessarily entails some description of the court system that created it.

This Article describes the structure of the Jefferson Family Court and the custody mediation process as it has developed in Jefferson County. A review of one community's approach to custody mediation may be useful not only as a blueprint for a system's …