What is the exclusive jurisdiction of an arbitrator under a collective agreement?
Ontario, Canada
The following excerpt is from Andrews v. Air Canada, 2008 ONCA 37 (CanLII):
Disputes that arise either expressly or implicitly from the interpretation, application, administration or alleged violation of a collective agreement are within the exclusive jurisdiction of an arbitrator empowered under a collective agreement: Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929, [1995] S.C.J. No. 59. Whether a dispute can be litigated or must be arbitrated turns on the nature of the dispute and the terms of the collective agreement, not on the legal characterization of the wrong alleged.
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