Lexis Nexis Palmer & Snyder: Collective Agreement Arbitration in Canada, 7th Edition – Volume 1 (Interpretation, Procedure, and Evidence)
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Product description
Previous editions cited by all levels of court, including the Supreme Court of Canada
The new 7th Edition of this seminal treatise continues to be hailed as both "important" and a "leading text" to address workplace issues in the unionized context, providing unparalleled analysis on all major collective agreement concerns and policy. Palmer & Snyder: Collective Agreement Arbitration in Canada has been the stable reference guide for a generation of labour lawyers, human resource professionals and unions looking to find out – quickly and conveniently – what is the law on a specific labour issue, and the leading cases that support it.
Volume 1 provides extensive coverage of interpretation, procedure, and evidence. It begins with a thorough review of the fundamentals concerning a collective agreement and the central issue of its interpretation. It then proceeds to address all aspects of the arbitration process, including the various procedural and evidentiary issues that may arise. Finally, it examines the judicial review process of arbitral decisions.
Features of This Book
- Provides up-to-date analysis of current issues in labour arbitration
- Delivers extensive cross-Canada coverage on federal and provincial labour legislation, as well as arbitral and judicial decisions
- Frequently referred to, and cited by, labour lawyers, union personnel, human resources managers, arbitrators, and the courts, including the Supreme Court of Canada
- Nationally recognized as one of the most quoted authorities in arbitral decisions
What’s New In This Edition
- New two-volume treatise format:
- Volume 1 addresses interpretative, procedural and evidentiary concerns of arbitration law
- Volume 2 addresses the spectrum of common substantive issues that arise within a unionized workplace, including human rights, harassment, privacy matters, pay entitlement disputes and more (sold separately, coming in 2025)
- Preparation of this two-volume treatise involved the canvassing of more than three-thousand arbitration, human rights and court decisions rendered since the previous edition published 7 years ago
- Special Foreword written by The Honourable Marshall Rothstein
Who Should Read This Book
- Labour lawyers (union and management) – provides in-depth analysis on all major labour law and collective agreement issues
- In-house counsel (for companies with unionized workplaces) – find out what is the law and current policy on labour and collective agreement issues
- Judges and arbitrators – refers to, and summarizes, all leading cases that support specific labour law and collective agreement principles
- Union representatives and HR managers – serves as a guide to inform policies and procedures set by HR
- Students and researchers – up to date coverage and analysis of collective agreement issues and principles, labour arbitration and court decisions
Table of contents
Foreword – The Honourable Marshall Rothstein, C.C., K.C.
Preface
Table of Court Decisions and Arbitration Awards
PART I – THE COLLECTIVE AGREEMENT
1. Elements of the Collective Agreement
§1.01 The Role of Arbitrators in Determining Whether a Collective Agreement Exists
§1.02 The Formal Requirements of a Collective Agreement
§1.03 The Duration of a Collective Agreement
§1.04 The Bilateral Nature of a Collective Agreement
2. Interpretation of the Collective Agreement
§2.01 Determination of Parties’ Mutual Intention
§2.02 Onus of Proof and the Contra Proferentem Rule
§2.03 Rules of Construction Used as Aids to Interpretation
§2.04 Implied Terms in the Collective Agreement
§2.05 Use of Statutes in the Interpretation and Application of the Collective Agreement
§2.06 Past Practice, Negotiating History and Other Extrinsic Evidence
§2.07 Estoppel
§2.08 Stare Decisis
§2.09 Res Judicata: Issue Estoppel and Cause of Action Estoppel (Collateral Estoppel)
3. The Grievance Procedure
§3.01 The Grievance Procedure and Its Purpose
§3.02 Types of Grievances
§3.03 Time for Filing of Grievances
§3.04 Grievance Hearings and Mediation
§3.05 Misconduct During the Grievance Procedure
§3.06 Settlement, Withdrawal and Abandonment of Grievances
PART II – ARBITRATION AS A SYSTEM
4. Exclusive and Concurrent Jurisdiction of Arbitrators
§4.01 Introduction
§4.02 Statutory Versus Consensual Arbitration
§4.03 Modern View of Collective Agreement Arbitration
§4.04 Exclusive Arbitral Jurisdiction Model — Generally
§4.05 Reconciling Jurisdiction of Arbitrators and the Courts
§4.06 Reconciling Jurisdiction of Arbitrators and Other Administrative Tribunals
§4.07 Conclusion
5. The Arbitration Process
§5.01 The Arbitration and Mediation of Grievances
§5.02 The Arbitrator
§5.03 The Arbitrator’s Jurisdiction
§5.04 Pre-Hearing Issues
§5.05 Disposition of the Grievance Before the Hearing
§5.06 The Hearing
§5.07 Post-Hearing Matters
§5.08 Arbitrator’s Remedial Authority
§5.09 Enforcement of Arbitrator’s Orders
§5.10 Challenging the Arbitrator’s Decision
6. Evidentiary Issues in Arbitration
§6.01 Evidence in Grievance Arbitration: General Principles
§6.02 The Standard of Proof and Order of Proceedings
§6.03 Proof of Facts at Arbitration
§6.04 Grounds for Excluding Evidence
§6.05 Charter Objections to Admission of Evidence
7. Judicial Review of Arbitral Decisions
§7.01 Statutory Authority to Judicially Review Arbitral Decisions
§7.02 Common Law Authority to Review Arbitral Decisions
§7.03 Standards of Review
§7.04 Appellate Review of Judicially Reviewed Decisions
§7.05 Procedure
Index
