A summary of court decisions and opinions that serve as instructive touchstones on topics that overlap with grievances submitted to arbitration.

The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in which the Supreme Court ruled…

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…

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…

Canadian Jurisprudence: Recent developments in the duty to accommodate employees’ disabilities….

The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter,…