What is the test for determining whether a collective agreement is enforceable or enforceable?
Ontario, Canada
The following excerpt is from Walker v. Trow Consulting Engineers Hydrologists and Planners Kingston, 2007 CanLII 35297 (ON SC):
In considering that issue, the question in each case is whether the dispute, in its essential character, arises from the interpretation, application, administration or violation of the collective agreement (see Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] S.C.J. No. 59).
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