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The Canadian Railroad Trilogy

A history of the Canadian railroad industry, including the consolidation of its unions into the Teamsters, Autoworkers and Steelworkers and the affects of human rights legislation. Prospects of current legal and generational trends for the future.

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Chief Justice McLachlin describes the history of labor arbitration in Canada and addresses the current evolution of (1) judicial review; (2) concurrent and overlapping jurisdiction; and (3) the power of tribunals to decide matters of general law.

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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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Canadian labor trends

In the Seneca College case, the Divisional Court ruled that the arbitrator has an obligation to consider all remedy, including aggravated and punitive damages, and may be required to deal with such civil court matters as defamation, slander, or libel.

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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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An examination of free speech workplace issues in the public and private sectors in Canada.

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