What is the test for a unionized employee to take their grievance to arbitration?
Canada (Federal), Canada
The following excerpt is from Dumont v. Canadian Union of Postal Workers, Montréal Local, 2011 FCA 185 (CanLII):
It is trite law that the right to take a grievance to arbitration is reserved to the union and that the employee does not have an absolute right to arbitration, the union enjoying considerable discretion (Canadian Merchant Service Guild v. Gagnon, 1984 CanLII 18 (SCC), [1984] 1 S.C.R. 509, at paragraph 38).
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