How have courts and arbitrators in the Nor-Man jurisdiction been treated in the context of a collective bargaining agreement between management and labour?
Canada (Federal), Canada
The following excerpt is from Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., [2013] 2 SCR 458, 2013 SCC 34 (CanLII):
As a consequence of this legislative choice, labour arbitrators are entitled to a “protected zone of deference” (Nor-Man, at para. 43) in which the courts should not willingly enter as competing “arbiters of labour policy” (CAIMAW v. Paccar of Canada Ltd., 1989 CanLII 49 (SCC), [1989] 2 S.C.R. 983, at p. 1005, per La Forest J.). That is especially so because unwarranted judicial intervention risks short-circuiting negotiations between management and labour by delivering through judicial fiat what the legislature has said should be subject to collective bargaining between the parties.
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