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Assignment 2 - Grievance Arbitration

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EVALUATION:
Group report
COURSE CODE:
HRM & HRA 845
COURSE NAME:
Industrial Relations
INSTRUCTOR NAME:
Preiti Momaya
DATE HANDED OUT:
Week 8
DUE DATE / METHOD /
LATE PENALTIES /
SPECIAL
INSTRUCTIONS:
Submit online – written report due week 13
WEIGHTING:
20%
TOTAL MARKS:
70
Guidelines outlined in assignment
Cheating and Plagiarism: Each student should be aware of the College’s policy
regarding Cheating and Plagiarism. Seneca’s Academic Policy will be strictly enforced.
Sources must be cited using APA style as stated in the course outline. Further guidance
can be found on the Seneca Libraries website:
http://seneca.libguides.com/academichonesty
Academic Honesty Policy Section 9:
Academic honesty means that all Seneca College persons will conduct themselves in an honest
and trustworthy manner in all aspects of their academic career. Engaging in any form of academic
dishonesty to obtain any type of academic advantage or credit is an offence under this policy and
will not be tolerated by the College. Offences under this policy include but are not limited to
cheating, plagiarism, falsification, impersonation, misrepresentation and procurement.
Arbitration Assignment
Instructions
This assignment requires you to apply the arbitral principles of just cause for discipline
and discharge. This assignment is based on (1) independent research of arbitration
jurisprudence, (2) lecture material, (3) the textbook, and (4) the assigned case.
In order to understand the principles involved in the case, it will be necessary to review
relevant arbitral jurisprudence. The texts Canadian Labour Arbitration by Brown and
Beatty and Collective Agreement Arbitration in Canada by Palmer and Palmer offer
excellent summaries. It will also be necessary to review cases reported in the series
Labour Arbitration Cases (LACs). All of these sources are available from the campus
library and online. Relevant arbitration cases can also be found through the legal
database Canlii.org.
Assignment (Total = 70 marks)
Review the assigned case to identify the key issues. Assigned cases will present a
scenario where the employee (s) may have been dismissed or disciplined for
misconduct. The employee (s) filed a grievance alleging the employer has violated the
collective agreement. The grievance did not get resolved through the grievance process.
Assume the matter is now at arbitration and answer the questions listed below.
1. Summarize the key arguments from the management side. Your answers should be
complete, and refer directly to the evidence presented in the case. You may support
your arguments by citing relevant laws, and cases. (20 marks)
2. Summarize the key arguments from the union side. Your answers should be
complete, concise and refer directly to the evidence presented in the case. You may
support your arguments by citing relevant laws, and cases (20 marks)
3. Assume that you are the arbitrator hearing this case you must make a decision. You
must justify the decision based on relevant facts, applicable laws, provisions in the
collective agreement and any previous arbitration decisions / awards. and you would
provide if you were an arbitrator. (20 marks)
4. Formatting – Report must be completed in a error free format. Grammar,
punctuation, and style (10 marks)
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