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In Canada, labour arbitrators routinely adjudicate statutory claims that involve “employment-related statutes,” includinghuman rights legislation. This article discusses the approach taken by advocates, arbitrators, and the courts to these claims, including the scope of review and the relationship between the grievance arbitration and the Human Rights Tribunal.

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President Picher recounts the changing role of arbitrators in applying external law, culminating in the Supreme Court’s 2009 decision in 14 Penn Plaza v Pyett.

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A survey of the evolution of the jurisprudence of the Supreme Court of Canada in matters of grievance arbitration. From 1975 to 1986 the Court of Canada establisheda policy supportive of the grievance arbitration process. Professor Nadeau reviews the seminal Court decisions, establishing a policy of deference to labor arbitrators’ rulings on collective bargaining agreements …

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Canadian jurisprudence: The authors posit that, despite what Professor Nadeau coins the Supreme Court’s “Pro-Arbitration Judicial Policy,” the lower courts have not consistently followed this “Policy,” preferring instead to intervene in employment-related matters that they perceive to be of importance, and have ruled that certain workplace disputes are not properly within the jurisdiction or remedial …

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Professor Nolan identifies the forces to which the decline of labor unions are often attributed, but posits that it was the inability of unions to bargain at the national level (sometimes termed “corporatism”), as they had from the 1930’s until the 1970s, that has engendered their decline. He the trend, of slow descent, as likely …

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The survey of Academy members reveals the small but increasing number of cases they take dealing with the employment arbitration of statutory disputes. The survey addresses associated due process concerns; and the demographic, fee structure, and practice characteristics and opinions of Academy members.

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NAA President Nicolau discusses the measures the Academy and its member should take to preserve fairness and effectiveness given the increasing frequency with which arbitrators are called upon to resolve statutory disputes.

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