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When a grievance cannot be resolved through the efforts of the union and management, or management refuses to act, the union can decide to take the grievance to Arbitration.
Arbitration is the final step in the grievance process. Before a grievance can be taken to Arbitration any process for resolving a grievance set out in the collective agreement must be used. The decision of the Arbitrator is final and binding.
An Arbitrator is an independent third-party appointed to resolve the grievance after hearing from both sides. Arbitrators cannot have a financial interest in the dispute. They cannot have acted for either party as a lawyer or agent in the past year.
At the hearing the union and the employer each present evidence to support their case. They can also make arguments about their case to the Arbitrator. Arbitrators can decide how a case will be heard as long as both sides get a fair chance to present their case.
Arbitrators have the power to deal with any dispute about a collective agreement. This includes ruling on the meaning of any part of the agreement, determining if the agreement applies and deciding whether it was breached. Arbitrators can also decide if they have the authority to deal with an issue.
Arbitrators can determine if other laws, such as human rights laws or occupational health and safety laws, have been violated.
One matter that Arbitrators can deal with in workplace harassment cases is deciding whether the employer’s discipline of the harasser was reasonable. If they find that the discipline was either too harsh or inadequate, Arbitrators can impose what they consider a just penalty. If the collective agreement sets out a penalty for certain conduct the Arbitrator cannot impose a different penalty.
Generally, Arbitrators will consider...
Arbitrators must consider the interests of all employees. They must consider whether safety could be an issue if an employee is returned to the workplace. The employer's policies and practices with respect to harassment and their legal responsibilities under occupational health and safety laws must also be considered.
The decision of an Arbitrator is called an award. If they find the collective agreement has been breached they try to put the parties in the same position they would have been in if the collective agreement had not been breached. They can also impose a penalty based on breach of law such as human rights laws.
Arbitration decisions may include…
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