Does a grievor have to proceed to arbitration in response to his demand that his grievance be advanced to arbitration?
Alberta, Canada
The following excerpt is from Complainant v Alberta Union of Provincial Employees, 2021 CanLII 95070 (AB LRB):
As indicated in the Reid v. Steelworkers decision, a union does not have to proceed to arbitration in response to a grievor’s demand that his grievance be advanced to arbitration. A union may even make a wrong decision. The issue is whether the Union acted fairly, was arbitrary in its investigation, acted in bad faith, was discriminatory or otherwise failed to make a reasoned decision.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a separated spouse entitled to a portion of the proceeds of the sale of a jointly owned house in a divorce proceeding? (Alberta, Canada)
Can a party argue that a response to an undertaking has materially advanced the action? (Alberta, Canada)
How have arbitrators dealt with a grievance brought by a unionized employee who was terminated because of her disability? (Alberta, Canada)
What jurisdiction does the court have to entertain custody and access proceedings if the child was present, resident or domiciled in the jurisdiction at the time of the proceedings? (Alberta, Canada)
What is it like to be a grievor who may have no experience of legal proceedings giving testimony? (Alberta, Canada)
Can a stay of proceedings be stayed of proceedings? (Alberta, Canada)
In what circumstances will an arbitrator be found to have misconduct during the course of an arbitration? (Alberta, Canada)
Is a forbearance arrangement to forbear from enforcement proceedings a promise not to enforce limitation periods? (Alberta, Canada)
Can a motion for a declaration proceed in the absence of any other remedy for the respondents in the context of a breach of their Charter of Charter Rights? (Alberta, Canada)
In what circumstances will an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim? (Alberta, Canada)
