What is the test for determining arbitrability in a collective agreement dispute?
British Columbia, Canada
The following excerpt is from B.C. Teachers’ Federation v. British Columbia (Public School Employers' Association), 2011 BCCA 537 (CanLII):
Referring to Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929, 125 D.L.R. (4th) 583, the arbitrator at p. 34 identified the central issues to consider in determining arbitrability: Does the dispute arise either expressly or inferentially out of its terms? Additionally, labour arbitrators have jurisdiction to enforce the substantive rights and obligations of employment-related statutes as if they were part of the collective agreement, and to address statutory violations that are closely connected in a contextual way to the interpretation, operation and application of the collective agreement ... .
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