LEADING CASES ON LABOUR ARBITRATION
The Expanded Second Edition

Now available in both online and loose-leaf formats, Leading Cases on Labour Arbitration is a pioneering work, designed to help you quickly access and navigate the maze of arbitration awards and court decisions. Leading Cases also includes authoritative commentary on some 1,700 arbitration awards, court judgments and tribunal decisions.

This edition is available in a one-volume loose-leaf format and an online version together for $399. We are also currently offering a 30-day no-obligation free trial of the online version.

Please call us at 416-977-6618 if you have any questions about multi-user or multi-location pricing.

Features of Leading Cases on Labour Arbitration

Leading Cases presents the most authoritative and comprehensive selection of influential cases, with commentary by distinguished experts in the field of labour law.

Filling a long-felt need expressed by the labour arbitration community, the authors have selected leading cases from among the thousands of decisions issued over the years by arbitrators and the courts.

Leading Cases is organized by topic, and is divided into three parts:

1. Evidence and Procedure
2. Discharge and Discipline
3. Contract Interpretation

An easy-to-use Format
Leading Cases is available as a one-volume loose-leaf service and/or an online edition, with expert commentary and links to case summaries, newsletter articles, and full texts of decisions.

How the cases are Selected

A concerted effort is made to include ground-breaking cases, the most recent cases, and cases identifying patterns and trends in each topic area. The criteria for selection of each case are rigorous, and include:

• The quality of reasoning
• The clarity of exposition
• The extent of caselaw review

The Authors

Mort Mitchnick, a graduate of McMaster University and the University of Toronto Faculty of Law, is national counsel to the law firm Borden Ladner Gervais. Formerly Chair of the Ontario Labour Relations Board, as well as a senior arbitrator and mediator, 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 is a graduate of McMaster University, Queen’s University and Yale. He now teaches labour arbitration, labour law, individual employment law and criminal law at the University of Windsor. 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 also acts as an arbitrator and mediator. 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.

Contents

PART 1
Evidence and Procedure

1) The Arbitration Process
2) Procedural Objections to Arbitrability
3) Fundamental Objections to Arbitrability
4) Pre-Hearing Procedure
5) Procedure and Proof at the Hearing
6) Admissibility of Evidence
7) Remedial Powers of the Arbitrator
8) Enforcement and Review of Awards
9) Duty of Fair Representation

PART 2
Discharge and Discipline

10) Discharge and Discipline: General Principles
11) Dishonest and Illegal Conduct
12) Disloyalty and Breach of Trust
13) Insubordinate and Abusive Conduct
14) Employer Rules and Privacy in the Workplace
15) Non-Disciplinary Discharge and the Duty to
16) Accommodate
17) Other Forms of Separation

PART 3
Contract Interpretation

18) Interpreting the Collective Agreement
19) Assignment of Bargaining Unit Work
20) Seniority Rights Defined
21) Promotion
22) Layoff and Recall
23) Hours of Work
24) Wages and Benefits
25) Leaves of Absence
26) Rights of Trade Unions
27) Responsibilities of Trade Union

How will Leading Cases help you?

• Save substantial amounts of time now spent sifting and analyzing awards to ascertain their meaning and significance
• Quickly obtain authoritative answers to workplace problems
• Have an expert ‘at your shoulder’, tracking the trends in arbitration caselaw
• Research the current state of the jurisprudence, and present cases with greater authority

Added features

• Cross-references are included to other sources, such as Lancaster’s Labour Arbitration Yearbook
• Additional case citations are provided for further research
• Option to purchase update to ensure that you promptly receive new leading cases

Who will benefit

• Arbitrators and adjudicators
• Labour and employment lawyers
• Corporate counsel and union counsel
• Union representatives, chief stewards and grievance officers
• Human resources professionals, managers and consultants
• Labour relations and employee relations officers
• Contract administrators

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