Does a collective agreement have to be interpreted as binding or binding?
Saskatchewan, Canada
The following excerpt is from United Food and Commercial Workers, Local 1400 v. Westfair Foods Ltd., 2002 SKQB 154 (CanLII):
And in New Brunswick v. O’Leary, supra, McLachlin J. reiterated this position at p. 970: ... However, as noted in Weber, a dispute will be held to arise out of the collective agreement if it falls under the agreement either expressly or inferentially.... Again, it must be underscored that it is the essential character of the difference between the parties, not the legal framework in which the dispute is cast, which will be determinative of the appropriate forum for settlement of the issue.
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