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Dispute Resolution and Arbitration Commons™

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Labor and Employment Law

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Articles 661 - 690 of 775

Full-Text Articles in Dispute Resolution and Arbitration

Re Canada Post Corp And Cupw, Innis Christie May 1988

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 …

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Re Canada Post Corp And Cupw, Innis Christie May 1988

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 …

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Re Canada Post Corp And Cupw (Whittle), Innis Christie Apr 1988

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.

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Re Canada Post Corp And Lcuc (Merlin), Innis Christie Apr 1988

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.

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Lcuc V Canada Post Corp, Innis Christie Mar 1988

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.

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Re Canada Post Corp And Cupw (Arsenault), Innis Christie Feb 1988

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 …

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Re Canada Post Corp And Cupw, Innis Christie Feb 1988

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.

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Re Canada Post Corp And Cupw, Innis Christie Feb 1988

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 …

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The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin Feb 1988

The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin

All Faculty Scholarship

No abstract provided.

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Nlrb Deferral To Arbitration: Placing Individual Employees' Statutory Rights Upon The Sacrificial Altar Of Olin To Promote A National Labor Policy Favoring Private Dispute Resolution, 21 J. Marshall L. Rev. 323 (1988), Craig Dow Patton Jan 1988

Nlrb Deferral To Arbitration: Placing Individual Employees' Statutory Rights Upon The Sacrificial Altar Of Olin To Promote A National Labor Policy Favoring Private Dispute Resolution, 21 J. Marshall L. Rev. 323 (1988), Craig Dow Patton

UIC Law Review

No abstract provided.

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Unions And Urinalysis, Deborah A. Schmedemann Jan 1988

Unions And Urinalysis, Deborah A. Schmedemann

Faculty Scholarship

Many private employers seem to be busy deciding whether and how to test employees for drug use. Presumably most of these decisions are made by management acting alone. However, in unionized workplaces—one out of five private sector employees are represented by unions—federal labor law prescribes a different method. That method features collective bargaining by unions and management to set the rules, the use of a private third-party neutral to resolve disputes which arise under those rules (arbitration), and relatively little involvement by the government (the National Labor Relations Board, legislatures, and the courts). This system that labor law prescribes for …

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Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine Jan 1988

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

Articles

proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.

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Re Canada Post Corp And Cupw (Gallie), Innis Christie Nov 1987

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

Innis Christie Collection

Union 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 remained in force pursuant to the extention provisions of the Canada Labour Code, 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 and documents relating to this matter be removed from her personal …

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Re Canada Post Corp And Cupw (Clarke), Innis Christie Apr 1987

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

Innis Christie Collection

Employee grievances alleging that the Employer violated Article 21 or Article 20 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired September 30, 1986, but which remains in effect by virtue of the Canada Labour Code, and in particular of Article 21.03 in that the Employer unreasonably withheld special leave, or, alternatively, Article 20 in that the Employer refused to allow sick leave. The Union requests that the grievor be paid for three hours and twenty minutes of special leave, or, alternatively, that he …

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Re Canada Post Corp And Cupw (Clarke And Steiner), Innis Christie Apr 1987

Re Canada Post Corp And Cupw (Clarke And Steiner), Innis Christie

Innis Christie Collection

Employee grievances alleging that the Employer violated Article 15 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired December 31, 1982 but was extended by Bill C-124 to September 30, 1984, in that the Employer bypassed the grievors in the administration of equal opportunity for overtime. The Union requested that the grievors be paid amounts equal to the amounts they would have been paid had they not been bypassed on the occasions in question.

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Re Canada Post Corp And Cupw (Clarke), Innis Christie Mar 1987

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

Innis Christie Collection

Employee grievance alleging that the Employer violated Article 21 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired September 30, 1986, but which remains in effect by virtue of the Canada Labour Code, and in particular of Article 21.03 in that the Employer unreasonably withheld special leave. The Union requests that the grievor be paid for one hour and fifty minutes of special leave.

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Unsuccessful Employee Arbitrants Bring Wrongful Discharge Claims In State Court: The Accommodation Of Public And Private Adjudication, Michael George Whelan Jan 1986

Unsuccessful Employee Arbitrants Bring Wrongful Discharge Claims In State Court: The Accommodation Of Public And Private Adjudication, Michael George Whelan

Buffalo Law Review

No abstract provided.

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Deferral To Arbitration After Olin And United Technologies: Has The Nlrb Gone Too Far? , Jan W. Henkel, Mark Kelly Jan 1986

Deferral To Arbitration After Olin And United Technologies: Has The Nlrb Gone Too Far? , Jan W. Henkel, Mark Kelly

Washington and Lee Law Review

No abstract provided.

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New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember Jan 1986

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.

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Some Comments On Obscenities, Health And Safety, And Workplace Values, Robert J. Rabin Oct 1985

Some Comments On Obscenities, Health And Safety, And Workplace Values, Robert J. Rabin

Buffalo Law Review

No abstract provided.

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Arbitral Value Judgments In Health And Safety Disputes: Management Rights Over Workers' Rights, James A. Gross, Patricia A. Greenfield Oct 1985

Arbitral Value Judgments In Health And Safety Disputes: Management Rights Over Workers' Rights, James A. Gross, Patricia A. Greenfield

Buffalo Law Review

No abstract provided.

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Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman Jan 1985

Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman

UIC Law Review

No abstract provided.

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The Labor Arbitrator's Several Roles , Dennis R. Nolan, Roger I. Abrams Jan 1985

The Labor Arbitrator's Several Roles , Dennis R. Nolan, Roger I. Abrams

Maryland Law Review

No abstract provided.

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Labor Law - National Labor Relations Board Must Defer To Private Arbitration Committee's Decision To Uphold Dismissal Of Employees If Such Decision Plausibly Was Based On Committee's Finding That The Employees Were Supervisors Unprotected By National Labor Relations Act, Jay Eisenhofer Jan 1985

Labor Law - National Labor Relations Board Must Defer To Private Arbitration Committee's Decision To Uphold Dismissal Of Employees If Such Decision Plausibly Was Based On Committee's Finding That The Employees Were Supervisors Unprotected By National Labor Relations Act, Jay Eisenhofer

Villanova Law Review (1956 - )

No abstract provided.

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Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer Jan 1985

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Cardozo Law Review

No abstract provided.

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Arbitration Of Representational Issues: A Critique Of Carey, David G. Mangum May 1983

Arbitration Of Representational Issues: A Critique Of Carey, David G. Mangum

BYU Law Review

No abstract provided.

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An Alternative To The Traditional Rulemaking Process: A Case Study Of Negotiation In The Development Of Regulations, Robert L. Sachs Jr. Jan 1983

An Alternative To The Traditional Rulemaking Process: A Case Study Of Negotiation In The Development Of Regulations, Robert L. Sachs Jr.

Villanova Law Review (1956 - )

No abstract provided.

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And The Whole Earth Was One Of Language - A Broad View Of Dispute Resolution, Henry H. Perritt Jr. Jan 1983

And The Whole Earth Was One Of Language - A Broad View Of Dispute Resolution, Henry H. Perritt Jr.

Villanova Law Review (1956 - )

No abstract provided.

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Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford Jan 1983

Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford

University of Michigan Journal of Law Reform

Effective relief for at-will employees can only be achieved through statutory reform. Although specific legislation has been proposed on the federal 4 and state levels, 5 none of these bills have been sufficiently comprehensive to provide optimal relief. Moreover, those commentators who have called for a statutory remedy have failed to explain precisely what the mechanism for dispute resolution should be, or how it should operate. 6 This Note, therefore, proposes a model statute utilizing mediation-arbitration to provide consistent, informal, and economical protection for at-will employees. Part I explores the development of the at-will rule and the deficiencies of current …

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Exploring Voluntary Arbitration Of Individual Employment Disputes, Alfred W. Blumrosen Jan 1983

Exploring Voluntary Arbitration Of Individual Employment Disputes, Alfred W. Blumrosen

University of Michigan Journal of Law Reform

This Article outlines an arbitration process which may be employed in individual employment contracts to achieve a fair disposition of disputes, with the maximum finality for an arbitration decision which is consistent with legal principles. Where finality is not possible, arbitration would be a condition precedent to formal legal processes. To assure fairness in the process, the employer would agree to pay the arbitrator's fee and the employee's attorney fees incurred in connection with the arbitration.

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