Brian Etherington - Labour arbitration in Canada

Third Edition

Morton Mitchnick
and
Brian Etherington

with the assistance of
Boris Bohuslawsky

All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage system, without permission in writing from the publisher.

Lancaster House 2018

Library and Archives Canada Cataloguing in Publication

Mitchnick, M. G., author

Labour arbitration in Canada/Morton Mitchnick and Brian Etherington; with the assistance of Boris Bohuslawsky. Third edition.

Includes index.

Issued also in electronic formats.

ISBN: 978-0-920450-66-6 (softcover).ISBN 978-0-920450-67-3 (EPUB)

1. Arbitration, IndustrialLaw and legislationCanada. I. Etherington, Brian, author II. Bohuslawsky, Boris, editor III. Title.

Composition: Imagineeringart.com Inc.

Printed in Canada

ABOUT THE AUTHORS

Mort Mitchnick, a graduate of McMaster University and the University of Toronto Faculty of Law, is a senior arbitrator and mediator. Formerly Chair of the Ontario Labour Relations Board, as well as national counsel to the law firm Borden Ladner Gervais, he lectures and writes extensively on labour law and labour arbitration. His writings include Union Security and the Charter, and Recent Developments in Compulsory Unionism, published in the International Labour Review.

Brian Etherington, a graduate of McMaster University, Queens University and Yale, is an arbitrator and mediator. A professor at the Faculty of Law of the University of Windsor until his retirement in 2016, he taught labour arbitration, labour law, individual employment law and criminal law. Professor Etherington has frequently written about, and acted as a consultant on, administrative, constitutional, criminal and trade law, as well as labour and employment law. Editor-in-chief of the Canadian Labour and Employment Law Journal between 1995 and 2004, he is co-author of Labour Law in Canada, a division of the International Encyclopedia of Labour Law, and a member of the Canadian Labour Law Casebook Group.

Boris Bohuslawsky is a graduate of the University of Toronto, Queens University, and Osgoode Hall Law School. A member of the Bar of Ontario, he practised labour law for over 15 years, appearing before numerous boards of arbitration and other tribunals. He is a co-author of Leading Cases on Labour Arbitration, Collective Agreements in Canada, and Lancasters Collective Bargaining Series, and has been managing editor of the Canadian Labour and Employment Law Journal since 2003.

CITATIONS AND ABBREVIATIONS

ILLUSTRATION OF STATUTORY CITATION

ILLUSTRATIONS OF CANLII CASE CITATIONS

CanLII is a non-profit organization, engaged by the law societies of Canada that are members of the Federation of Law Societies of Canada, to establish, operate, maintain and provide a website dedicated to providing continuous access to a virtual library of Canadian legal information. CanLIIs goal is to make Canadian law accessible on the Internet. The present website (http://canlii.org) provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions.

ILLUSTRATIONS OF QUICKLAW (QL) CASE CITATIONS

ILLUSTRATION OF PRINT REPORTER CASE CITATION

STATUTES

COURTS AND TRIBUNALS