Can an arbitrator deal with a collective agreement that expressly or inferentially arises out of the collective agreement?

British Columbia, Canada

The following excerpt is from Elkview Coal Corp. v. United Steel Workers of America, 2000 BCSC 467 (CanLII):

The second is that an arbitrator may deal with matters that arise inferentially from a collective agreement. In Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929 at 957, Madam Justice McLachlin (as she then was) said: "only disputes which expressly or inferentially arise out of the collective agreement are foreclosed to the Courts" [supporting citations deleted]. In other words, if the subject matter of a grievance arises inferentially from the wording of the collective agreement, it is arbitrable.

Other Questions

Can an arbitrator interpret a collective agreement so that the provisions of the statute intended to affect labour relations come into conflict with the collective agreement? (Alberta, Canada)
Does an arbitrator have jurisdiction to interpret a Collective Agreement? (Alberta, Canada)
How do courts determine whether a matter arises out of a collective agreement? (Saskatchewan, Canada)
What is the range of damages available to an arbitrator in a collective agreement dispute? (Ontario, Canada)
If a dispute in essence arises from the interpretation, administration, application or alleged violation of the collective agreement, does the court have jurisdiction to hear the dispute? (Ontario, Canada)
Is a court without jurisdiction to entertain the action because the essential character of the dispute arises from the interpretation, application, administration or violation of a collective agreement? (British Columbia, Canada)
Is an arbitrator obligated to ensure that the provisions of a collective agreement comply with the Human Rights Code? (British Columbia, Canada)
What is the exclusive jurisdiction of an arbitrator under a collective agreement? (Ontario, Canada)
In what circumstances will arbitrator determine the wage rates for year three of a three year collective agreement? (Alberta, Canada)
Is a benefit that has a monetary cost to an employer clearly and expressly granted under a collective agreement? (Canada (Federal), Canada)
Grey70logo nobg 96dpi


Company

  • About
  • Mission
  • Testimonials
  • Careers
  • Contact

    • Product

  • How It Works
  • Memo Structure
  • Sample Memos
  • Best Practices

    • Resources

  • Blog
  • Caselaw Roundup
  • Terms of Service
  • Privacy Policy


    • @ Copyright 2022 Alexsei Inc. All rights reserved.