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What’s Up, Doc? Medical Conundrums in Arbitration

Panel members are presented with and comment upon scenarios, including compulsory examination by an employer’s doctor following injury, and compulsory demonstration of an ability to memorize a script, as a condition of continued employment.

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The Duty of Fair Representation II. The Surprising Strength of an Empty Duty – DFR Issues in Labor Arbitration

DFR hypotheticals discussed by a labor attorney, a management attorney and three arbitrators.

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Bizet’s CARMEN, Wagner’s RING CYCLE, Melville’s BILLY BUDD, and Hugo’s LES MISERABLES and North American First Nations legend, THE PAJAMA GAME and Carroll’s ALICE’S ADVENTURES IN WONDERLAND are presented as examplary lessons for arbitrators. “Perhaps our awards may not achieve the status of great literature; but we can find the themes of many arbitral disputes …

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Use of the internet, including email, in the organized Canada workplace, the right of free speech, attacks on the public employer by an employee, and the right of privacy. The compulsory production of electronic communications is discussed.

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