Synopsis By: Lurie - Proceeding Author: Robert Macpherson, M.G. Mitchnick, Gary S. Witlen

An examination of the law governing subcontracting (where the CBA is silent) in Canada and the United States is given. This is followed by an union advocate’s presentation of on the history of the law re: subcontracting in the United States and a request that arbitrators be mindful that statutory bargaining requirements are implicit in every CBA. A management advocate asks arbitrators to apply the terms of the CBA as expressly negotiated.