What jurisdiction does arbitration have over a collective agreement?
British Columbia, Canada
The following excerpt is from Armstrong et al v. Finnson, 2005 BCSC 1705 (CanLII):
Now, by way of analysis, I would say firstly, there is little doubt that where a dispute arises from a collective agreement established under labour relations legislation that mandates arbitration, the arbitrator will have exclusive jurisdiction, but other disputes separate from the collective agreement will remain within the exclusive jurisdiction of the court. See Webber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929 at ¶ 50.
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