Can a collective agreement be enforced by arbitration rather than the courts?
Nova Scotia, Canada
The following excerpt is from Symington v. Halifax (Regional Municipality), 2006 NSSC 254 (CanLII):
Estey J. at p. 702 concluded that the courts: ... have no jurisdiction to consider claims arising out of rights created by a collective agreement ... ... it might be said, therefore, that the law has so evolved that it is appropriate to hold that the grievance and arbitration procedures provided for by the Act and embodied by legislative prescription in the terms of a collective agreement provide the exclusive recourse open to parties to the collective agreement for its enforcement. Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929
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