What is the test for determining the scope of a collective agreement review?
British Columbia, Canada
The following excerpt is from BC Rapid Transit Company Limited v Canadian Union of Public Employees, Local 7000, 2021 CanLII 138038 (BC LA):
16. The matter of the scope of this wage rate review is first and foremost one of determining the mutual intention of the parties when they negotiated the language. When interpreting collective agreement language, arbitrators rely on the widely accepted rules summarized by Arbitrator Bird in Pacific Press v. G.C.I.U., Local 25-C, [1995] B.C.C.A.A.A. No. 637 as set out below:
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