CORPORATION OF THE COUNTY OF GREY (GREY COUNTY SOCIAL SERVICES)
|
|
- Cory Freeman
- 5 years ago
- Views:
Transcription
1 IN THE MATTER OF AN ARBITRATION BETWEEN: CORPORATION OF THE COUNTY OF GREY (GREY COUNTY SOCIAL SERVICES) AND ONTARIO PUBLIC SERVICE EMPLOYEES UNION POLICY GRIEVANCE JOB POSTING BEFORE: S.L. STEWART ARBITRATOR FOR THE UNION: FOR THE EMPLOYER: M. BEVAN D. WAKELY THE HEARING IN THIS MATTER WAS HELD IN OWEN SOUND, ONTARIO, ON NOVEMBER 19, 2013
2 AWARD 1. The grievance before me is dated March The grievance concerns a dispute between the parties regarding the interpretation of Article 10.01(c) of the Collective Agreement, a provision relating to temporary vacancies. The dispute arises from a posting for the position of Training and Policy Worker. The parties were in agreement that the outcome of the grievance would not affect the successful incumbent. However, the parties remain in dispute about the interpretation of Article 10.01(c) and, accordingly, seek a resolution of this dispute to assist in addressing how future temporary vacancies will be approached. It is the Union s position that the senior qualified applicant is entitled to the vacancy while it is the Employer s position that it is entitled to award the position to the best qualified applicant, with seniority coming into play only in the event of the applicants possessing relatively equal qualifications. 2. The job competition provision of the Collective Agreement was altered in the round of collective bargaining for the January 1, 2011 to December 31, 2012 Collective Agreement. Article 10.01(c) had provided that temporary vacancies will be posted for competition among interested members of the bargaining unit. It was amended by the inclusion of the phrase and awarded by seniority from a list of qualified bargaining unit members who have expressed an interest as indicated 2
3 below. It was common ground that the Employer had proposed an amendment to the language, however given that the language that ultimately found its way into the Collective Agreement does not reflect the Employer s original proposal, I agree with Mr. Wakely that no inference can be drawn from the fact that it was the Employer that proposed an amendment. 3. The amended language is reflected in the bolded portion of the provisions reproduced below: Article 10 Job Competitions 10:01 (a) Posting of Permanent Vacancies: Vacancies for permanent bargaining unit positions shall be posted on bulletin boards in all work areas frequented by bargaining unit employees for a period of not less than five (5) working days. (b) Temporary vacancies are defined as new positions with a definite term of twelve (12) months or less or permanent positions temporarily vacated by an incumbent for a period of twelve (12) months or less. These twelve (12) month periods can be extended by mutual agreement of the Parties, such mutual agreement not [sic] be unreasonably withheld by either Party. (c) Posting of Temporary Vacancies: The parties are agreed that all temporary vacancies in excess of one (1) month, for which advanced planning can take place, will be posted for competition and awarded by seniority from a list of qualified bargaining unit members who have expressed an interest. (d) Trial Period: Within 30 days of starting a new position within the Corporation of Grey, an employee can voluntarily return to the position formerly occupied, without loss of 3
4 seniority. Within 30 days of starting in a new position within the Corporation of the County of Grey, if in the employer s opinion, the employee is unable to perform the core duties of the position, the employee shall be returned to the position formerly occupied, without loss of seniority. The vacancy resulting from the posting may be filled on a temporary basis until this thirty (30) day trial period is completed A posting of vacancy shall occur as soon as is practicable following notice of termination by an incumbent or the last day of employement of an incumbent should no notice be given Postings shall include the following information: name and description of position; qualifications required; hours of work; salary range; deadline for receipt of applications. A copy of all postings shall be sent to the unit steward Bargaining Unit First Consideration: The Employer shall receive and consider applications by members of the bargaining unit prior to requesting and considering applications from anyone outside the bargaining unit Selection Factors: In assessing the applicants for any vacancy the employer shall consider the following factors: (a) the skills, qualifications and abilities of the applicant(s); then (b) the seniority of the applicants Information to Applicant: Upon request a member of 4
5 the selection panel shall meet with any unsuccessful candidate to explain the reasons why he/she was unsuccessful Successive Vacancies: Vacancies resulting from a successful application by an employee in the bargaining unit for another position shall be filled in the same manner as set out above Filling of Vacancies: All vacancies shall be filled as soon as practicable following the posting date. 4. The essence of the Union s position is that the plain language of Article 10.01(c) supports its position and must be given effect. In Mr. Bevan s submission, the phrase awarded by seniority from a list of qualified bargaining unit members clearly reflects a threshold, as opposed to a competitive clause. He referred me to Re Rexcan Circuits Inc. and C.A.W. 61 C.L.A.S. 135 (Knopf), wherein the clause in dispute provided that: postings for technical job vacancies will be awarded to the most senior applicant who possesses the skills, qualifications and experience for the job vacancy and who can perform the job within the normal familiarization period of the job. In that case the arbitrator rejected the Union s argument that the best qualified applicant was entitled to the position, concluding at p. 3 of the award that: In this contract the language is quite clear. The Article directs the Employer to award the technical job to the senior applicant who possesses the skills, qualifications and experience for the position. This means that the Employer must assess the senior 5
6 candidates against the relevant job duties and select the most senior person who has the skills, qualifications and experience for the job. That person may not be the best person for the job. S/he may not be the best candidate for any number of reasons. Nevertheless, the Collective Agreement obligates the Employer to select the most senior candidate who meets the threshold level of skills, qualifications and experience and who can perform the job within the normal familiarization period. 5. Mr. Bevan urges the same result in this case. He argues that the plain language of 10:01(c) constitutes a clear expression of the intent of the parties to have temporary vacancies treated on an exceptional basis from the general approach expressed in 10:05, with the position awarded to the senior qualified applicant. In his submission, the change in the language can have no other reasonable interpretation. With respect to the reference to the word competition in that clause, he submits that the phrase is simply indicative of the fact that applicants will be competing for the position in the broad sense of the word, in terms of recognition as being qualified for the position, at which point seniority will govern. 6. In his submissions, Mr. Wakely emphasized that the provisions of the Collective Agreement must be read as a whole. He referred me to the decision of the Supreme Court of Canada Bow Valley Husky (Bermuda) Ltd. v. St. John Shipbuilding Ltd. [1997] S.C.J. No. 111 where it is noted at paragraph 28 that: it is necessary to ascertain the intention of the 6
7 parties with respect to the particular issue from the contract documents as a whole. He referred me to Article 5 of the Management Rights clause, containing both specific and broad language retaining the right to manage the operation, including their retention, except as expressly limited by the clear and explicit language of some other provision of this agreement. Mr. Wakely emphasized that Article 10:01(c) does not contain a specific exemption from the operation of the Article 10:05, which, under the heading Selection Factors, refers to any vacancy and, in his submission, clearly contemplates the Employer s ability to assess the skills and abilities of the applicants in order to determine the best candidate for all positions, with seniority governing only in instances of relative equality. Mr. Wakely submitted that the phrase posted for competition reflects the parties intention that the Employer retain the right to consider applicants on a competitive basis, with seniority coming into play only in instances of relative equality. Mr. Wakely made reference to Re Children s Aid Society of Ottawa-Carleton and OPSEU (Laugher) [1996] O.L.A.A. No. 717 (Mitchnick) in support of his position that a posting, as contemplated by the language of Article 10.01(c), contemplates a competition. He also referred me to a Letter or Understanding between the parties, wherein the parties have agreed that developmental assignments will be considered for those who have competed for a temporary position but would not meet the qualifications for a permanent position. This Letter of Understanding goes on to 7
8 contain a reference to job performance being an additional factor to the selection factors specified in Article for selection of employees who wish to compete for developmental assignments. Mr. Wakely suggested that meaning could be given to all of the relevant language of the Collective Agreement by interpreting Article 10.01(c) to provide for the awarding of the position to the best candidate who is also the most senior. 7. Mr. Wakely is clearly correct in his submission that the provisions of the Collective Agreement must be read together as a whole. However, notwithstanding the management rights clause, the fact that Article 10:05 does not exempt temporary vacancies and the reference to developmental opportunities in the Letter of Understanding, I am compelled to the conclusion that the interpretation of the language of Article 10.01(c) that Mr. Bevan urges upon me is correct. The parties specifically altered the language of Article 10 to provide for the awarding of temporary vacancies to qualified applicants on the basis of seniority. The clear implication of this specific change is that the parties agreed that temporary vacancies would be carved out of the general provisions relating to vacancies. That specific amendment, applying only to temporary vacancies, implicitly excludes the application of the any vacancy language of Article The existence of special rules relating to developmental assignments cannot undermine this specific 8
9 amendment. The existence of a posting for a temporary vacancy does not compel the conclusion that the Employer is entitled to select the best qualified applicant, rather than the senior qualified applicant. It can simply be viewed as a matter of notice. The fact that some qualifications may be difficult to assess on the basis of a written application cannot be viewed as a basis for not giving the amended language its obvious meaning. The existence of a threshold clause does not preclude the possibility of the Employer assessing the candidates to determine whether they have the qualifications for the position. Indeed, this is a necessary step. The phrase for competition, while consistent with a competitive selection process, must be interpreted in light of the newly added phrase and awarded by seniority from a list of qualified bargaining unit members who have expressed an interest. The suggestion of Mr. Bevan, that the phrase for competition in context is properly viewed as in contemplation of an assessment of the applicants to determine who is qualified and as a competition between individuals in that respect, provides a manner of interpreting the newly added phrase in accordance with the natural meaning flowing from the language chosen, in accordance with the directive of the Court in Bow Valley Husky (Bermuda Ltd., supra, at paragraph 118 that: one should examine the contract as a whole with a view to searching for the intention of the parties by recognizing the natural meaning that flows from the language chosen. Here, where the parties chose to amend 9
10 existing language relating to temporary vacancies by inserting language that is clearly threshold language, it is my view that the position of the Union must prevail and that Article (c) must be interpreted as requiring temporary vacancies to be awarded to the most senior qualified applicant. I so declare. I remain seized in connection with any issues arising between the parties in connection with the implementation of this award. Dated at Toronto, this 10th day of December, 2013 S.L. Stewart Arbitrator 10
IN THE MATTER OF AN ARBITRATION under the Police Services Act. - and - AND in the matter of the individual grievance of Const. P.
IN THE MATTER OF AN ARBITRATION under the Police Services Act BETWEEN: BARRIE POLICE SERVICES BOARD (The Board ) - and - BARRIE POLICE ASSOCIATION (The Association ) AND in the matter of the individual
More informationIN THE MATTER OF AN ARBITRATION. CANADIAN PACIFIC RAILWAY COMPANY (the "Company") -and-
IN THE MATTER OF AN ARBITRATION BETWEEN CANADIAN PACIFIC RAILWAY COMPANY (the "Company") -and- SYSTEM COUNCIL NO. 11 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL (the "Union") RE: JOB POSTING UNDER ARTICLE
More informationBylaws Guide. for Members
Bylaws Guide for Members Local *** Bylaws TABLE OF CONTENTS Article 1: NAME... 4 Article 2: AIMS AND PURPOSES... 4 Article 3: MEMBERSHIP... 5 Article 4: MEMBERSHIP RIGHTS... 7 Article 5: STEWARD SYSTEM...
More informationARTICLE 10 APPOINTMENT
ARTICLE 10 APPOINTMENT Appointments 10.1 All positions that are to be filled except for temporary or Limited Hourly positions of one hundred eighty (180) days or less in the Skilled Crafts Unit shall be
More informationCHAPTER 12. NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, AND GRIEVANCE ARBITRATION i
CHAPTER 12. NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, AND GRIEVANCE ARBITRATION i SUBCHAPTER 1. PURPOSE OF PROCEDURES 19:12-1.1 Purpose of procedures N.J.S.A. 34:13A-5.4.e
More informationInterim Award #3 Re-accumulation of sick leave
IN THE MATTER OF THE ONTARIO LABOUR RELATIONS ACT -and- IN THE MATTER OF AN ARBITRATION BETWEEN: ONTARIO POWER GENERATION INC. - The Employer -and- THE SOCIETY OF ENERGY PROFESSIONALS The Union In The
More informationOFFICE OF THE INFORMATION & PRIVACY COMMISSIONER for Prince Edward Island. Order No. FI Re: Department of Communities, Land, and Environment
OFFICE OF THE INFORMATION & PRIVACY COMMISSIONER for Prince Edward Island Order No. FI-16-004 Re: Department of Communities, Land, and Environment Prince Edward Island Information and Privacy Commissioner
More informationTelecom Decision CRTC
Telecom Decision CRTC 2006-45 Ottawa, 28 July 2006 Part VII application by Rogers Cable Communications Inc. regarding Aliant Telecom Inc.'s termination and assignment of a support structure agreement Reference:
More informationBY-LAWS - LOCAL PARKS CANADA AGENCY, ONTARIO SERVICE CENTRE, CORNWALL. (November 2007)
BY-LAWS - LOCAL 00050 PARKS CANADA AGENCY, ONTARIO SERVICE CENTRE, CORNWALL (November 2007) BY-LAW 1 - NAME This organization shall be known as Local 00050 - Parks Canada Agency, Ontario Service Centre,
More informationONTARIO LABOUR RELATIONS BOARD INFORMATION BULLETIN NO. 25. Jurisdictional Disputes in the construction industry
ONTARIO LABOUR RELATIONS BOARD INFORMATION BULLETIN NO. 25 Jurisdictional Disputes in the construction industry This Information Bulletin describes the procedures that must be followed when a party applies
More informationINTERNATIONAL DISPUTE RESOLUTION PROCEDURES
INTERNATIONAL DISPUTE RESOLUTION PROCEDURES (Including Mediation and Arbitration Rules) Rules Amended and Effective June 1, 2014 available online at icdr.org Table of Contents Introduction.... 5 International
More informationLABOUR RELATIONS AMENDMENT BILL, [Words in bold type indicate omissions from existing enactments]
[Words in bold type indicate omissions from existing enactments] Words underlined indicate insertions in existing enactments BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:
More informationARTICLE 8 UNION RIGHTS
ARTICLE 8 UNION RIGHTS 8.1 Upon request of the APC, the CSU shall provide at no cost facilities not otherwise required for campus business for union meetings that may be attended by employees during non-worktime.
More informationBYLAWS INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS
BYLAWS INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS LOCAL LODGE 99 DEFINITIONS For the purposes of these Bylaws, the following meanings shall apply whenever they are used, unless the context
More informationCOLLECTIVE AGREEMENT THE OTTAWA CARLETON ELEMENTARY OCCASIONAL TEACHERS' ASSOCIATION (THE ELEMENTARY TEACHERS' FEDERATION OF ONTARIO)
COLLECTIVE AGREEMENT BETWEEN THE OTTAWA CARLETON ELEMENTARY OCCASIONAL TEACHERS' ASSOCIATION (THE ELEMENTARY TEACHERS' FEDERATION OF ONTARIO) AND THE OTTAWA-CARLETON DISTRICT SCHOOL BOARD EFFECTIVE 1 SEPTEMBER
More informationGovernment Gazette REPUBLIC OF SOUTH AFRICA. AIDS HELPLINE: Prevention is the cure
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only
More informationIN THE MATTER OF AN ARBITRATION BETWEEN: INTERIM PLACE AND OPSEU GRIEVANCE OF L. REYES BEFORE: SUSAN L. STEWART ARBITRATOR APPEARANCES
IN THE MATTER OF AN ARBITRATION BETWEEN: INTERIM PLACE AND OPSEU GRIEVANCE OF L. REYES BEFORE: SUSAN L. STEWART ARBITRATOR APPEARANCES FOR THE UNION: FOR THE EMPLOYER: J. MICALLEF, COUNSEL S. KRUTH, COUNSEL
More informationCity of Toronto Public Appointments Policy
City of Toronto Public Appointments Policy Governing Citizen Appointments to City Agencies and Corporations and Other Bodies April 28, 2014 Contact Information: Strategic and Corporate Policy Division
More informationRECOGNITION AND PROCEDURAL AGREEMENT A COLLECTIVE AGREEMENT ENTERED INTO BETWEEN
RECOGNITION AND PROCEDURAL AGREEMENT A COLLECTIVE AGREEMENT ENTERED INTO BETWEEN THE UNIVERSITY OF CAPE TOWN (Hereinafter referred to as The University ) AND UNIVERSITY OF CAPE TOWN EMPLOYEES UNION (Hereinafter
More informationLocal Y010. of Yukon Employees Union BYLAWS 2016
of Yukon Employees Union BYLAWS 2016 November 2016 Table of Contents Section 1 - General... 5 1.01 Name... 5 1.02 Aims and Objectives... 5 1.03 Majority Vote... 5 1.04 Referendum... 5 1.05 Pre-emption...
More informationCANADIAN RAILWAY OFFICE OF ARBITRATION & DISPUTE RESOLUTION CASE NO Heard in Montreal, January 11, Concerning
CANADIAN RAILWAY OFFICE OF ARBITRATION & DISPUTE RESOLUTION CASE NO. 4528 Heard in Montreal, January 11, 2017 Concerning CANADIAN PACIFIC RAILWAY COMPANY And TEAMSTERS CANADA RAIL CONFERENCE MAINTENANCE
More informationSelecting an Arbitrator A Resource Tool
Selecting an Arbitrator A Resource Tool Available in multiple formats This document and other publications are available on our Web site at www.cta.gc.ca. For more information about the Agency, please
More informationCOLLECTIVE AGREEMENT. Between. THE GRAND ERIE DISTRICT SCHOOL BOARD (hereinafter called Athe and
COLLECTIVE AGREEMENT Between THE GRAND ERIE DISTRICT SCHOOL BOARD (hereinafter called Athe Board@) and THE ONTARIO SECONDARY SCHOOL TEACHERS= FEDERATION Representing OCCASIONAL TEACHERS EMPLOYED IN THE
More informationCHAPTER 302B PUBLIC CHARTER SCHOOLS
CHAPTER 302B PUBLIC CHARTER SCHOOLS Section Pg. 302B-1 Definitions...2 302B-2 Existing charter schools...4 302B-3 Charter school review panel; establishment; Powers and duties...5 302B-3.5 Appeals; charter
More informationBYLAWS OF LOCAL LODGE NO INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS ARTICLE 1 NAME AND TIME OF MEETING
BYLAWS OF LOCAL LODGE NO. 2921 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS ARTICLE 1 NAME AND TIME OF MEETING This Lodge shall be known as Toronto Screeners Local Lodge 2921, International
More informationLABOUR RELATIONS AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA LABOUR RELATIONS AMENDMENT BILL (As amended by the Portfolio Committee on Labour (National Assembly)) (The English text is the offıcial text of the Bill) (MINISTER OF LABOUR) [B
More informationAGREEMENT. Between. BRANT COUNTY ROMAN CATHOLIC SEPARATE SCHOOL BOARD (hereinafter called the "Board") OF THE FIRST PART. And
AGREEMENT Between BRANT COUNTY ROMAN CATHOLIC SEPARATE SCHOOL BOARD (hereinafter called the "Board") OF THE FIRST PART And THE BRANT HALDIMAND NORFOLK OCCASIONAL TEACHER LOCAL OF THE ONTARIO ENGLISH CATHOLIC
More informationBYLAWS OF SAMMAMISH ROTARY FOUNDATION (Adopted by the Board of Trustees , Amended )
BYLAWS OF SAMMAMISH ROTARY FOUNDATION (Adopted by the Board of Trustees 3.29.2012, Amended 11.23.15) ARTICLE I - PURPOSES The Sammamish Rotary Foundation shall be operated as a charitable community foundation.
More informationIN THE MATTER OF THE LABOUR RELATIONS ACT, 1995 AND IN THE MATTER OF AN ARBITRATION
IN THE MATTER OF THE LABOUR RELATIONS ACT, 1995 AND IN THE MATTER OF AN ARBITRATION BETWEEN: ALGOMA STEEL INC. (hereinafter the Company ) AND UNITED STEELWORKERS OF AMERICA, LOCAL 2251 (hereinafter the
More informationBY-LAWS LOCAL 576 TRANSPORT WORKERS UNION AMERICA AFL-CIO AIR TRANSPORT DIVISION DALLAS-FORT WORTH, TEXAS
BY-LAWS OF LOCAL 576 TRANSPORT WORKERS UNION OF AMERICA AFL-CIO AIR TRANSPORT DIVISION DALLAS-FORT WORTH, TEXAS 1 ARTICLE PAGE I. GENERAL 3 II. MEMBERSHIP 3 III. MEMBERSHIP MEETINGS 4 IV. LOCAL OFFICERS
More informationAN ARBITRATION BETWEEN: THE SCHOOL DISTRICT OF SNOW LAKE #2309 (hereinafter called the "District") - and -
IN THE MATTER OF: AN ARBITRATION BETWEEN: THE SCHOOL DISTRICT OF SNOW LAKE #2309 (hereinafter called the "District") - and - THE UNITED STEELWORKERS OF AMERICA, LOCAL 8262 (hereinafter called the "Union")
More informationIN THE MATTER OF AN ARBITRATION. Under THE PUBLIC SERVICE ACT. Before THE PUBLIC SERVICE GRIEVANCE BOARD
Public Service Grievance Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission des griefs de la fonction publique Bureau 600 180, rue Dundas Ouest
More informationCONSTITUTION FOR THE DURHAM DESIGNATED EARLY CHILDHOOD EDUCATOR LOCAL OF THE ELEMENTARY TEACHERS' FEDERATION OF ONTARIO
CONSTITUTION FOR THE DURHAM DESIGNATED EARLY CHILDHOOD EDUCATOR LOCAL OF THE ELEMENTARY TEACHERS' FEDERATION OF ONTARIO Revised May 4, 2017 TABLE OF CONTENTS TABLE OF CONTENTS... DEFINITIONS...1 ARTICLE
More informationALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 10, 2018 EDMONTON POLICE COMMISSION. Case File Number
ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F2018-74 December 10, 2018 EDMONTON POLICE COMMISSION Case File Number 001251 Office URL: www.oipc.ab.ca Summary: The Applicant made a request
More informationCOMPETITION BUREAU CONSULTATION ON THE INFORMATION BULLETIN ON THE REGULATED CONDUCT DEFENCE
COMPETITION BUREAU CONSULTATION ON THE INFORMATION BULLETIN ON THE REGULATED CONDUCT DEFENCE Submitted By the Canadian Federation of Agriculture 1101-75 Albert Street Ottawa, Ontario K1P 5E7 (613) 236-3633
More informationIONICS, INC. v. ELMWOOD SENSORS, INC. 110 F.3d 184 (1st Cir. 1997)
IONICS, INC. v. ELMWOOD SENSORS, INC. 110 F.3d 184 (1st Cir. 1997) TORRUELLA, Chief Judge. Ionics, Inc. ( Ionics ) purchased thermostats from Elmwood Sensors, Inc. ( Elmwood ) for installation in water
More informationCONSOLIDATED VERSION FOR INTERNAL USE ONLY!!! LAW ON CIVIL SERVICE OF THE FEDERATION OF BOSNIA AND HERZEGOVINA
CONSOLIDATED VERSION FOR INTERNAL USE ONLY!!! LAW ON CIVIL SERVICE OF THE FEDERATION OF BOSNIA AND HERZEGOVINA Official Gazette of the Federation of Bosnia and Herzegovina, 29/03, 23/04, 39/04, 67/05,
More informationUNANIMOUS SHAREHOLDERS AGREEMENT. among REFRESHMENTS CANADA. - and - COTT CORPORATION. - and - ALBERTA BEVERAGE COUNCIL LTD.
UNANIMOUS SHAREHOLDERS AGREEMENT among REFRESHMENTS CANADA COTT CORPORATION ALBERTA BEVERAGE COUNCIL LTD. ALBERTA DAIRY COUNCIL ALBERTA BEVERAGE CONTAINER RECYCLING CORPORATION DATED: June 22 nd, 2009.
More informationLABOUR RELATIONS AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA LABOUR RELATIONS AMENDMENT BILL (As proposed by the Portfolio Committee on Labour (National Assembly)) (The English text is the offıcial text of the Bill) (MINISTER OF LABOUR)
More informationMEMORANDUM OF AGREEMENT. between the. DISTRICT OF NORTH VANCOUVER (the Corporation ) and the
2012 MEMORANDUM OF AGREEMENT between the DISTRICT OF NORTH VANCOUVER (the Corporation ) and the DISTRICT OF NORTH VANCOUVER FIREFIGHTERS UNION, LOCAL 1183 OF THE IAFF (the Union ) THE UNDERSIGNED BARGAINING
More informationTHE BANK OF NOVA SCOTIA PROXY ACCESS POLICY
THE BANK OF NOVA SCOTIA PROXY ACCESS POLICY (a) Inclusion of Nominees in Proxy Circular. Subject to the provisions of this Policy, if expressly requested in the relevant Nomination Notice (as defined below),
More informationIN THE MATTER OF AN ARBITRATION. Under. THE PUBLIC SERVICE ACT Before THE PUBLIC SERVICE GRIEVANCE BOARD. Oral Binda. - and -
Public Service Grievance Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission des griefs de la fonction publique Bureau 600 180, rue Dundas Ouest
More informationTURKEY LAW NO AMENDING THE CONSTITUTION
Strasbourg, 23 February 2017 Opinion No. 875/ 2017 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) TURKEY LAW NO. 6771 AMENDING THE CONSTITUTION This document will not be distributed
More informationIN THE EMPLOYMENT COURT CHRISTCHURCH [2017] NZEmpC 165 EMPC 169/2017. Plaintiff. NAZARETH CARE CHARITABLE TRUST BOARD Defendant
IN THE EMPLOYMENT COURT CHRISTCHURCH IN THE MATTER OF BETWEEN AND [2017] NZEmpC 165 EMPC 169/2017 a challenge to a determination of the Employment Relations Authority STEPHEN ROACH Plaintiff NAZARETH CARE
More informationBYLAWS OF ORANGE COUNTY ASSOCIATION OF HEAL TH UNDERWRITERS. May 22, 1989 Revised May 15, 2007 Revised May 8, 2018
BYLAWS OF ORANGE COUNTY ASSOCIATION OF HEAL TH UNDERWRITERS May 22, 1989 Revised May 15, 2007 Revised May 8, 2018 Section 1. Name ARTICLE I: NAME, OFFICE AND TERRITORIAL LIMITS The name of this Corporation
More informationCHARITY & NFP LAW BULLETIN NO. 427
CHARITY & NFP LAW BULLETIN NO. 427 AUGUST 30, 2018 EDITOR: TERRANCE S. CARTER COURT OF APPEAL: TERMINATION CLAUSE EXCLUDES COMMON LAW DAMAGES By Barry W. Kwasniewski * A. INTRODUCTION On June 22, 2018,
More informationRULES AND REGULATIONS
RULES AND REGULATIONS OF THE REDFORD TOWNSHIP EMPLOYEES' CIVIL SERVICE COMMISSION AS REVISED OCTOBER 23, 2002 TABLE OF CONTENTS Page Foreword... 1 Definitions... 2 Section 1: Basic Requirements of Civil
More informationOPSEU. Constitution. Including amendments adopted at Convention 2016
2016 OPSEU Constitution Including amendments adopted at Convention 2016 CONSTITUTION Ontario Public Service Employees Union TABLE OF CONTENTS PREAMBLE... 1 Article 1 NAME... 1 Article 2 INTERPRETATION
More informationFD: FD: DT:D DN: 846/93 STY:Holt Renfrew Canada v. Nicol PANEL: Moore; Jackson; Chapman DDATE: ACT: KEYW: Right to sue (wrongful dismissal).
FD: FD: DT:D DN: 846/93 STY:Holt Renfrew Canada v. Nicol PANEL: Moore; Jackson; Chapman DDATE:130694 ACT: KEYW: Right to sue (wrongful dismissal). SUM: The defendant in a civil case applied to determine
More informationMARITIME ARBITRATION RULES SOCIETY OF MARITIME ARBITRATORS, INC.
MARITIME ARBITRATION RULES SOCIETY OF MARITIME ARBITRATORS, INC. These Rules apply to contracts entered into on or after March 14, 2018 P R E A M B L E INTERPRETATION AND APPLICATION OF RULES The powers
More informationLearning Legacy Document
Dated 200X [Name of the nominated undertaker] (1) The Mayor and Burgesses of the [Relevant Local Authority] (2) The Historic Buildings and Monuments Commission for England (3) Crossrail: Settlement mitigation
More informationIN THE MATTER OF AN INTEREST ARBITRATION PURSUANT TO THE FIRE PROTECTION AND PREVENTION ACT, The Corporation of the Town of Oakville.
BETWEEN IN THE MATTER OF AN INTEREST ARBITRATION PURSUANT TO THE FIRE PROTECTION AND PREVENTION ACT, 1997 The Corporation of the Town of Oakville and ( Town ) Oakville Professional Fire Fighters Association
More informationPension Arbitration Trumped by Class Proceeding Legislation
Pension Arbitration Trumped by Class Proceeding Legislation By Craig Ferris and Murray Campbell March 12, 2006 This paper appears in the March 24, 2006 issue of The Lawyers Weekly, published by LexisNexis
More informationBYLAWS PREAMBLE ARTICLE 1 NAME
BYLAWS PREAMBLE We, the members of Local 1104, Communication Workers of America, AFL-CIO, establish bylaws for the just government of our merged local union so that we may provide for the economic well-being
More informationARTICLE 13 SALARY A. GENERAL PROVISIONS
ARTICLE 13 SALARY A. GENERAL PROVISIONS Any and all increases provided to librarians for the duration of this Agreement shall be expressly provided for in this Article or the Side Letter between the UC-
More informationSponsored by the International Foundation of Employee Benefit Plans
Employee Benefit Plan Claims Arbitration RULES As Amended and Effective on January 1, 1988 Sponsored by the International Foundation of Employee Benefit Plans Administered by the American Arbitration Association
More informationARTICLE XVIII SENIORITY AND REDUCTION IN PERSONNEL
AMERICAN ARBITRATION UNION In the Matter of Arbitration between CASE: McCORMICK #1 UNON - and SOMEPLACE BOARD OF EDUCATION A hearing in the above captioned matter was held before Arbitrator Robert A. McCormick
More informationConstitution of the Ontario Liberal Party
Constitution of the Ontario Liberal Party (As amended Nov 1st, 2009) This document is also accompanied by six other documents Rules of Procedure for Arbitrations and Appeals, Rules of Procedure for Constituency
More informationCONSTITUTION AND BY-LAWS OF DISTRICT 4-L5 OF MULTIPE DISTRICT 4 OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS REVISED MAY 2015
CONSTITUTION AND BY-LAWS OF DISTRICT 4-L5 OF MULTIPE DISTRICT 4 OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS REVISED MAY 2015 CONSTITUTION ARTICLE 1: NAME SECTION 1: This organization shall be known
More informationBYLAWS OF THE SOCIETY FOR BENEFIT-COST ANALYSIS (Incorporated in Washington, DC, 11/7/2013) Revised Bylaws adopted 7/15/18
ARTICLE I PURPOSE BYLAWS OF THE SOCIETY FOR BENEFIT-COST ANALYSIS (Incorporated in Washington, DC, 11/7/2013) Revised Bylaws adopted 7/15/18 The Society for Benefit-Cost Analysis ("the Society") is an
More informationTHE NATIONAL UNION OF MINEWORKERS
CONSTITUTION of THE NATIONAL UNION OF MINEWORKERS As amended by 2009 National Congress and approved by the Registrar of Labour Relations on 28 March 2011 1 1 CHARACTER OF THE UNION 1.1 Name The name of
More informationCase Comment: Ontario Inc. et al v. Tutor Time Learning Centres, LLC, et al. [2006] O.J. No (S.C.J.), confirmed on appeal April 12, 2007
Scotia Plaza 40 King St. West, Suite 5800 P.O. Box 1011 Toronto, ON Canada M5H 3S1 Tel. 416.595.8500 Fax.416.595.8695 www.millerthomson.com TORONTO VANCOUVER WHITEHORSE CALGARY EDMONTON LONDON KITCHENER-WATERLOO
More informationThe hearing in the above-matter was held or' July 20, as Arbitrator in accordance with the provisions of the Collective
IN THE MATTER OF ARBITRATION BETWEEN '.OPINION AND AWARD National Association of Letter Carriers, ) Branch 4099 ) ) -and- ) Case No. C8N-4A-C 9520 (Grievance of W. Biela) U.S. Postal Service Mt. Prospect,
More informationARTICLE 20 GRIEVANCE PROCEDURE AND ARBITRATION
ARTICLE 20 GRIEVANCE PROCEDURE AND ARBITRATION 20.1 Policy/Informal Resolution. The parties agree that all problems should be resolved, whenever possible, before the filing of a grievance but within the
More informationPERSONNEL SERVICES Regulation 4440
PERSONNEL SERVICES Regulation 4440 Professional Activities, Training and Professional Growth Community Teachers Association (DCTA) Guiding Principles Build on present practice. Effective teacher administrator
More informationGOLDEN STAR RESOURCES LTD.
LTD. A by-law relating to advance notice of nominations of directors of Golden Star Resources Ltd. (the Corporation ) ARTICLE 1 INTERPRETATION 1.1 For the purposes of this By-Law Number Four: (c) (d) Applicable
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv MR-DLH
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv-00132-MR-DLH TRIBAL CASINO GAMING ) ENTERPRISE, ) ) Plaintiff, ) ) vs. ) MEMORANDUM
More informationTHE SUPREME COURT OF NEW HAMPSHIRE. UNIVERSITY SYSTEM OF NEW HAMPSHIRE BOARD OF TRUSTEES & a. MARCO DORFSMAN & a.
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More informationALBERTA INFORMATION AND PRIVACY COMMISSIONER. Regional Municipality of Wood Buffalo (OIPC File Reference ) November 29, 2017
ALBERTA INFORMATION AND PRIVACY COMMISSIONER Request for Authorization to Disregard an Access Request under section 55(1) of the Freedom of Information and Protection of Privacy Act Regional Municipality
More informationAGREEMENT. between THE OHIO STATE UNIVERSITY COLUMBUS, OHIO FRATERNAL ORDER OF POLICE CAPITAL CITY, LODGE NO. 9
AGREEMENT between THE OHIO STATE UNIVERSITY COLUMBUS, OHIO & FRATERNAL ORDER OF POLICE CAPITAL CITY, LODGE NO. 9 Covering Bargaining Units Comprising the following: Full Time University Law Enforcement
More informationI N D E X. Page PREAMBLE 2. ARTICLE 1 Name and Authority 2. ARTICLE 2 Objectives 2. ARTICLE 3 Membership 3. ARTICLE 4 Conventions 4 ARTICLE 5
I N D E X Page PREAMBLE 2 ARTICLE 1 Name and Authority 2 ARTICLE 2 Objectives 2 ARTICLE 3 Membership 3 ARTICLE 4 Conventions 4 ARTICLE 5 Composition of Executive Board and Trustees 9 ARTICLE 6 Election
More informationIN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED - AND -
Ontario Commission des P.O. Box 55, 19 th Floor CP 55, 19e étage Securities valeurs mobilières 20 Queen Street West 20, rue queen ouest Commission de l Ontario Toronto ON M5H 3S8 Toronto ON M5H 3S8 IN
More informationHIGHLIGHTS. Ontario Labour Relations Board. Editors: Voy Stelmaszynski, Solicitor January 2017 Leonard Marvy, Solicitor
ISSN 1712 4506 (Online) Ontario Labour Relations Board HIGHLIGHTS Editors: Voy Stelmaszynski, Solicitor January 2017 Leonard Marvy, Solicitor NOTICES TO THE COMMUNITY White Areas The Board is considering
More informationLOS ANGELES COMMUNITY COLLEGE DISTRICT PERSONNEL COMMISSION 635 LAW AND RULES June 7, Education Code Section(s)
APPOINTMENTS FROM ELIGIBILITY LISTS Education Code Section(s) 88080. Power of the personnel commission to prescribe, amend and interpret rules. (a) The commission shall prescribe and, amend, and interpret
More informationSUPREME COURT OF PENNSYLVANIA BY THE CRIMINAL PROCEDURAL RULES COMMITTEE: NOTICE OF PROPOSED RULEMAKING. Proposed Amendments of Pa.R.Crim.P.
SUPREME COURT OF PENNSYLVANIA CRIMINAL PROCEDURAL RULES COMMITTEE NOTICE OF PROPOSED RULEMAKING Proposed Amendments of Pa.R.Crim.P. 590 The Criminal Procedural Rules Committee is planning to propose to
More informationPROCEDURES & PRACTICES TOWN OF GROTON BOARD OF SELECTMEN
PROCEDURES & PRACTICES TOWN OF GROTON BOARD OF SELECTMEN PURPOSE: The Board of Selectmen of the Town of Groton recognizing the need to codify the traditional and accepted working relationships among the
More informationARTICLE 20 GRIEVANCE PROCEDURE AND ARBITRATION
ARTICLE 20 GRIEVANCE PROCEDURE AND ARBITRATION 20.1 Policy/Informal Resolution. The parties agree that all problems should be resolved, whenever possible, before the filing of a grievance but within the
More informationRules Of Arbitration Of The Alternative Dispute Resolution Tribunal Of The Bar Association Of Nassau County, N.Y., Inc.
Rules Of Arbitration Of The Alternative Dispute Resolution Tribunal Of The Bar Association Of Nassau County, N.Y., Inc. Part 137.Fee Dispute Resolution Program Attorney-Client Fee Dispute Resolution Program
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA International Association of Firefighters : Local 1400, Chester City Firefighters, : Appellant : : No. 1404 C.D. 2009 v. : Argued: February 8, 2010 : The City
More informationPROCEDURES FOR THE ELECTION OF OFFICERS OF GREATER LOS ANGELES AREA MENSA. May 6, 2017
PROCEDURES FOR THE ELECTION OF OFFICERS OF GREATER LOS ANGELES AREA MENSA May 6, 2017 I. DEFINITIONS A. GLAAM: Greater Los Angeles Area Mensa B. Bylaws: the Bylaws of GLAAM C. Board: the Board of Directors
More informationDecision 119/2007 Ms N and the Common Services Agency for the Scottish Health Service
+ Decision 119/2007 Ms N and the Common Services Agency for the Scottish Health Service Request for compensation claims in connection with Hepatitis C Applicant: Ms N Authority: Common Services Agency
More informationOrder F09-24 MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL. Jay Fedorak, Adjudicator. November 19, 2009
Order F09-24 MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL Jay Fedorak, Adjudicator November 19, 2009 Quicklaw Cite: [2009] B.C.I.P.C.D. No. 30 Document URL: http://www.oipc.bc.ca/orders/2009/orderf09-24.pdf
More informationARBITRATION BULLETIN. Can a teacher tell her students she's a lesbian?
ARBITRATION BULLETIN October 21, 1998 No. 03-98 Article reproduced with permission of Lancaster House, 20 Dundas Street West, Toronto www.lancasterhouse.com ARBITRABILITY WIDENED Can a teacher tell her
More informationTHE PHI KAPPA TAU FRATERNITY CLAIM AND DISPUTE RESOLUTION PLAN AND RULES
CLAIM AND DISPUTE RESOLUTION PLAN AND RULES CLAIM AND DISPUTE RESOLUTION PLAN 1. Purpose and Construction The Plan is designed to provide for the quick, fair, accessible, and inexpensive resolution of
More informationARTICLE 5 UNION RIGHTS
ARTICLE 5 UNION RIGHTS Use of Facilities 5.1 Upon request of the Union, the CSU shall provide at no cost adequate facilities not otherwise required for campus business for union meetings that may be attended
More informationBY-LAWS OF RETROSHEET, INC.
BY-LAWS OF RETROSHEET, INC. (a non-profit Corporation in the State of Delaware) As Amended June 29, 2006 ARTICLE I NAME OF CORPORATION The name of the Corporation shall be RETROSHEET, INC. ARTICLE II REGISTERED
More informationGRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY
ADR FORM NO. 2 GRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY 1. General Policy: THIS GRIEVANCE AND ARBITRATION PROCEDURE does
More informationDOVER CORPORATION CORPORATE GOVERNANCE GUIDELINES
DOVER CORPORATION CORPORATE GOVERNANCE GUIDELINES I. RESPONSIBILITIES OF THE BOARD The primary responsibilities of the Board of Directors are (i) selection and evaluation of the chief executive officer
More informationBEFORE THE ARBITRATOR
BEFORE THE ARBITRATOR - - - - - - - - - - - - - - - - - - - - - : In the Matter of the Arbitration : of a Dispute Between : : NORTHWEST UNITED EDUCATORS : : Case 46 and : No. 43325 : MA-5951 RICE LAKE
More informationCERTIFICATION / REVOCATION VOTES UNDER THE CANADA LABOUR CODE
CERTIFICATION / REVOCATION VOTES UNDER THE CANADA LABOUR CODE The Canada Labour Code (Part I Industrial Relations) (the Code) requires that, when the Canada Industrial Relations Board (the Board) is seized
More informationSummary of Changes to New gtld Registry Agreement. (Proposed Draft 5 February 2013)
Summary of Changes to New gtld Registry Agreement (Proposed Draft 5 February 2013) The table below sets out the proposed changes to the draft registry agreement for new gtlds. Additions are reflected in
More informationLABOUR RELATIONS AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA LABOUR RELATIONS AMENDMENT BILL (As introduced in the National Assembly (proposed section 7); explanatory summary of Bill published in Government Gazette No. 3212 of April 12)
More informationTITLE 8. EMPLOYMENT CHAPTER 1. EMPLOYEE REVIEW CODE
TITLE 8. EMPLOYMENT CHAPTER 1. EMPLOYEE REVIEW CODE 8 M.P.T.L. ch. 1 1 1. Definitions Unless otherwise required by the context, the following words and phrases shall be defined as follows: a. Active Discipline
More informationONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) BUSINESS DEVELOPMENT BANK OF CANADA. -and-
Court File No. CV-17-11760-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) BUSINESS DEVELOPMENT BANK OF CANADA -and- Applicant ASTORIA ORGANIC MATTERS LTD. and ASTORIA ORGANIC MATTERS CANADA LP
More informationPublic Prosecutions Act
Public Prosecutions Act CHAPTER 21 OF THE ACTS OF 1990 amended 1999 (2nd Sess.), c. 16 NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience
More informationARTICLE 4 Grievance Procedure
ARTICLE 4 Grievance Procedure A. Definition: Any claim by an employee(s), or the Union, that there has been a violation, misinterpretation or misapplication of any provisions of this Agreement may be processed
More informationAMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS UNION COUNTY COLLEGE CHAPTER CRANFORD, ELIZABETH, PLAINFIELD CAMPUSES CRANFORD, NEW JERSEY 07016
AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS UNION COUNTY COLLEGE CHAPTER CRANFORD, ELIZABETH, PLAINFIELD CAMPUSES CRANFORD, NEW JERSEY 07016 CHAPTER CONSTITUTION AND BY-LAWS Adopted: December 3, 1986
More informationRules of the Prosecuting Attorneys' Council of Georgia
Rules of the Prosecuting Attorneys' Council of Georgia Chapter 3 State Paid Employees of District Attorneys 3.1. General Provisions. a. Authority. This Chapter has been adopted by the Prosecuting Attorneys'
More informationBYLAWS OF THE SOCIETY FOR BENEFIT-COST ANALYSIS (Incorporated in Washington, DC, 11/7/2013) Revised Bylaws adopted 12/22/15
BYLAWS OF THE SOCIETY FOR BENEFIT-COST ANALYSIS (Incorporated in Washington, DC, 11/7/2013) Revised Bylaws adopted 12/22/15 ARTICLE I PURPOSE The Society for Benefit-Cost Analysis ("the Society") is an
More informationPUBLIC SERVICE ACT,
PUBLIC SERVICE ACT, 1994 1 (Proclamation 103 published in GG 15791 of 3 June 1994) [DATE OF COMMENCEMENT: 3 JUNE 1994] as amended by Proclamation 105 of 1994 Proclamation 134 of 1994 Proclamation R171
More information