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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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An assessment of the Pyett decision, in which the Supreme Court validated CBA compulsory arbitration of bargaining unit members’ federal statutory claims. Attorney Barnard examines the CBA language relied upon by the Court; the criteria that the Court set for a CBA waiver of the right to litigate a statutory claim; the ways in which …

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Ms. Gelernter questions whether the Court has conflated the public policy purpose of labor arbitration – achieving industrial peace – with the goal of commercial arbitration – the parties’ freedom to choose how they will resolve their contractual disputes. Ms. Gelernter furnishes a critical assessment of historical and recent court rulings and posits that Pyett …

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This paper explores situations in which an employee is required as a condition of employment to submit statutory claims to arbitration. Rabin presents a review of court decisions on agreements to arbitrate statutory claims.

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Attorney Kramer proposes that the Pyett-style arbitration clause is unlikely to become commonplace. He examines the Court’s reliance on LMRA Section 301 that preceded the Trilogy and later decisions that remain influential, including decision that endorse the enforcement of statutes through arbitration. He asserts that arbitrators possess the competence to interpret statutory claims.

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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, Professor Gould surveys the judicial history that preceded the Trilogy and the subsequent application and expansion of the Trilogy principles (including its recent exansion – …

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Even in the most enlightened American jurisdictions, unorganized private employers need make no positive showing of cause before ridding themselves of an unwanted employee. There are signs [in the 1980’s] of interest by both courts and legislatures in broader protections for employees’ job interests. Professor St. Antoine surveys the existing body of law, foreign and …

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A discussion of some of the elements that place strains on collective bargaining and the developments necessary to the preservation of free collective bargaining. The author discusses new, creative and constructive forms of bargaining to insure the survival of free collective bargaining.

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