Queen's University IRC

Labour Arbitration Skills

Lessons Learned

The Performance Appraisal Process: Lessons Learned

Just as leadership styles and organizational work have evolved, so have perspectives on performance evaluation. Traditional performance evaluation is hierarchical, control-oriented, and focused on individual ranking and grading. Present-day performance evaluation is relational, facilitative, and focused on development and problem-solving (Leadership, R. Lussier, et al). In Ontario, teacher performance appraisal requirements and processes are legislated. While the legislation is founded on a more traditional “three strikes you are out” mandate, the philosophy and practices are more contemporary.

Balancing Employee Privacy Interests with Workplace Safety

Random Drug and Alcohol Testing in the Workplace

In modern society, safety and privacy interests frequently seem to conflict, particularly in the workplace. Random drug and alcohol testing is one instance when these interests may conflict. Employers are obligated under occupational safety legislation to provide a safe workplace for employees. The risk of workplace accidents increases if employees are working under the influence of drugs or alcohol.

Labour Arbitration and Conflict Resolution: Back to Our Roots

The 2010 Don Wood Lecture was delivered by The Honourable Warren K. Winkler, Chief Justice of Ontario. The Chief Justice’s lecture presented a synopsis of changes in the labour relations field. The Chief Justice spoke about the “Golden Era” of labour arbitration (1944-1967), and drawing on his experiences and observations, commented on changes in the …

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An Investigation Into the Collective Bargaining Relationship Between the NHL and the NHLPA, 1994 – 2005

This paper provides analysis into the workings of the collective agreement that governed the relationship between the National Hockey League and its Players’ Association. By examining the elements and processes of the collective agreement, the nature of negotiation, and the roles of agents, owners, general managers, and arbitrators, it shows how significant increases in player …

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Grievance Mediation: The Impact of the Process and Outcomes on the Interests of the Parties

The revival of grievance mediation can be traced to an experiment in mediating workplace disputes in the coal industry of the United States in 1980, which resulted in a very high success rate of 80 to 90 percent. The decades that followed, researchers comparing the effectiveness of grievance mediation and arbitration concluded that grievance mediation is a faster process with lower costs that can produce a ‘win-win’ outcome and a positive long-term impact on the relationship between the parties.

Alternative Dispute Resolution

Where once Alternative Dispute Resolution (ADR) referred to an alter­native to the courts, ADR in the field of labour relations is increasingly being referred to as an alternative to arbitration. The objectives of ADR and the newly emerging Internal Dispute Resolution (IDR) are to settle disputes prior to having to go to binding arbitration over which the parties have little control. ADR and IDR are recognized as giving the parties greater direct voice in fashioning remedies and more timely settlements.

First Contract Arbitration in Ontario: An Evaluation of the Early Experience

Unions continue to face difficulties in obtaining first agreements, due largely to the conduct of employers. Previously, bad faith bargaining complaints have been raised against such employers, but the detection criteria and remedial response used by the Board have been inadequate in dealing with first contract situations. As a result, in 1986 Ontario adopted first contract arbitration to more effectively address first agreement cases.

Employment Relations in the Unionized Labor Movement: A Comparative Analysis of Arbitration Cases in Ontario, 1971 to 1985

The institution of collective bargaining, central to public policy with respect to employment relations, requires a well functioning labour movement. There is evidence that labour organizations in the role of employer are subject to labour conflict which, if unresolved, threatens the collective bargaining regime. The survival of the movement is at risk in terms of its principles, credibility, and effectiveness as protector of the interests of the worker and promoter of social reform.

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