Palmer & Snyder: Collective Agreement Arbitration in Canada, 6th Edition
"... Collective Agreement Arbitration in Canada provides a practical approach to issues which practitioners in the labour relations field will find most useful. That it is cited by all levels of court, including the Supreme Court of Canada, is a testament to the high value attached to this work by the courts and those involved in the field of labour law ... There is no issue pertaining to the subject matter of labour relations that is not expertly addressed in this text and it is apparent that no matters that have been touched by legislation or arbitral or court rulings have been omitted. This is a handbook that everyone in this field should have at his or her fingertips ... I enthusiastically recommend this 6th edition of Collective Agreement Arbitration in Canada. It will be valued by practitioners, arbitrators and judges as well as by students and academics for a clear and readable exposition of complex subjects."
The Honourable Marshall Rothstein, C.C., Q.C., Supreme Court of Canada (2006-2015)
(From the Foreword)
"I highly recommend to those involved in labour relations in Canada to invest in the newest edition of Palmer and Snyder, Collective Agreement Arbitration in Canada, Sixth Edition, 2017.
This text is not simply an annotation of case law under various topics; rather, the author understands the underlying issues that recognize the most significant shift in arbitral jurisprudence since the 1960's and 1970's. This is due, of course, to the Supreme Court of Canada. All existing arbitral jurisprudence, must survive the lens of human rights legislation, as well as that of the Charter of Rights and Freedoms. Tortious conduct falling within the terms of a collective agreement is now within the scope of an arbitrator's jurisdiction. And Privacy is now central to employee rights. All of these developments impact the discipline of employees and the interpretation of collective agreements.
The author not only tracks these new developments but also recognizes the challenging issues that lay ahead.
This text is therefore an invaluable resource in seeking guidance to some of the most difficult labour law issues that the labour relations community in Canada currently face."
Stan Lanyon, Q.C., Arbitrator
"The 6th edition of Collective Agreement Arbitration in Canada is a necessary resource for all practitioners. Covering recent developments in human rights, privacy, damages, substance testing, Charter and many other areas, this edition current to August 2017 is a valuable addition to any library.
The first edition in 1977 chose a different approach than simply digesting decisions in its effort to bring order to a growing body of arbitration decisions. Professor Palmer's approach was to recognize "Law itself interacts with society, party forming it, partly being formed by it." Codification should not stultify change. lt should foster growth and change.
This approach continues in the latest edition by Ronald M. Snyder.
The stimulating effect of this approach to codification is that it does not declare unequivocally what the 'law' is or should be. An example is a simple sentence in the chapter on Human Rights and Accommodation - 'There are no absolutes in accommodation.' All currently relevant considerations are canvassed.
The inclusion of excerpts from decisions and references to the evolution of arbitral thoughts about an issue reinforce the vibrancy of collective agreement arbitration.
Differing arbitral approaches to old and new issues are identified in the thematic approach to subject organization. Issues are animated by attempts to reconcile differing approaches or giving a rationale for preferring an approach.
For all practitioners, this text suggests and opens lines of thought and further research into the interaction between Iaw and workplace society governed by a collective agreement."
Jim Dorsey, Q.C., Arbitrator
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. This book 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.
- 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
Extensive Updates Since Last Edition in 2013
- Hundreds of new cases, including courts of appeal and Supreme Court of Canada judgments and arbitral decisions from all jurisdictions
- Updated references to applicable provincial and federal labour statutes
- Impact of Sattva Capital Corp. v. Creston Moly Corps. (S.C.C.) on the interpretation of collective agreements
- In-depth analysis of employee privacy rights as relating to social media use and other digital platforms
- New section regarding family-related absences and entitlements to contractual benefits
- Analysis of the panoply of current tests used to determine family status discrimination
- Highlighting new requirements regarding admissibility of expert evidence
- Updated discussion concerning random alcohol and drug testing
- New and augmented discussion of 'deemed' discipline and termination clauses
- A review of scheduling and other issues arising from job-sharing arrangements
- Privacy considerations concerning the publishing of names in arbitral decisions
- Examination of the continuous employment requirement to receive accrued health benefits
- Greater clarification on requirements to award aggravated and punitive damages
- New discussion concerning payment of wages and wage deductions
- Analysis of the privacy exception to the "work now/grieve later" principle
- Discussion of employer's right to enforce a third party's policy on the bargaining unit
- New section on the Charter right to freedom of expression of striking employees
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)
- Judges and arbitrators – refers to, and summarizes, all leading cases that support specific labour law and collective agreement principles
- Union representatives and HR managers – find out what is the law and current policy on labour and collective agreement issues; 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
PART I – THE COLLECTIVE AGREEMENT
Chapter 1: Elements of the Collective Agreement
Chapter 2: Interpretation of the Collective Agreement
Chapter 3: The Grievance Procedure
PART II – ARBITRATION AS A SYSTEM
Chapter 4: Legislative Context of Labour Arbitration
Chapter 5: The Arbitration Process
Chapter 6: Evidentiary Issues in Arbitration
Chapter 7: Judicial Review of Arbitral Decisions
PART III – HUMAN RIGHTS AND PRIVACY CONSIDERATIONS
Chapter 8: Human Rights and Accommodation
Chapter 9: Workplace Privacy
PART IV – DISCIPLINE, DISCHARGE AND NON-CULPABLE TERMINATIONS
Chapter 10: Discipline and Discharge
Chapter 11: Insubordination – Showing Disrespect For The Employer
Chapter 12: Other Workplace Offences
Chapter 13: Non-Culpable Termination
PART V – PROTECTION OF EMPLOYMENT OPPORTUNITIES
Chapter 14: The Bargaining Unit and Its Protection
Chapter 15: Job Classifications and Description of Jobs
Chapter 16: Rights of Seniority
Chapter 17: Benefits of Seniority to Employees
PART VI – MANAGING THE WORKPLACE
Chapter 18: Scheduling of Work and Overtime
Chapter 19: Payment for Work Done
Chapter 20: Absences from Work
PART VII – MANAGEMENT RIGHTS AND INSTITUTIONAL UNION CONCERNS
Chapter 21: Management Rights
Chapter 22: Unions and Collective Agreements