Adriana Spassova presentation. Networking that was made jointly by DRBF and Artyushenko & Partners law firm (Kazakhstan) in Almaty (Kazakhstan) - DAB in Construction, April 25, 2018. Details are here https://a-p.legal/en/2018/05/01/report-on-our-networking-on-april-25-2018/
Judgments on section 34 of the Arbitration and Conciliation Act, 1996Legal
This is the compilation of judgments delivered by the Hon'ble Supreme Court and Hon'ble High Courts on Section 34 of the Arbitration and Conciliation Act, 1996
This episode will cover the arbitration process beginning with how to prepare and file claims, and review thoughts on picking an arbitrator (or arbitrators). From there we will cover preparing for the preliminary conference with the arbitrator. Understanding the Order that will flow from the preliminary conference and knowing what to ask for or have considered. We will review some thoughts on discovery requests and motion practice as well as types of awards as well as a few other miscellaneous matters that may be covered during the preliminary conference.
Part of the webinar series: ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
Adriana Spassova presentation. Networking that was made jointly by DRBF and Artyushenko & Partners law firm (Kazakhstan) in Almaty (Kazakhstan) - DAB in Construction, April 25, 2018. Details are here https://a-p.legal/en/2018/05/01/report-on-our-networking-on-april-25-2018/
Judgments on section 34 of the Arbitration and Conciliation Act, 1996Legal
This is the compilation of judgments delivered by the Hon'ble Supreme Court and Hon'ble High Courts on Section 34 of the Arbitration and Conciliation Act, 1996
This episode will cover the arbitration process beginning with how to prepare and file claims, and review thoughts on picking an arbitrator (or arbitrators). From there we will cover preparing for the preliminary conference with the arbitrator. Understanding the Order that will flow from the preliminary conference and knowing what to ask for or have considered. We will review some thoughts on discovery requests and motion practice as well as types of awards as well as a few other miscellaneous matters that may be covered during the preliminary conference.
Part of the webinar series: ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
How to Conduct a Bullet Proof Harassment InvestigationNow Dentons
How to Conduct a Bullet Proof Harassment Investigation includes Who Should Investigate?, Develop the Procedural Script, Develop the Substantive Script, Interview the Respondent and Witnesses, Draft the Report and How to Document?
The Booklet of Winning Litigation Strategies at Court and Arbitration will help you understand how to: (i) effectively file a lawsuit, (ii) use counterclaims as a defense strategy, (iii) collect and use evidence to strengthen your case, (iv)utilize winning methods for settlement negotiations and mediation, and (v) successfully navigate trial and arbitration hearings.
View our article here: https://letranlaw.com/insight/winning-litigation-strategies-at-court-and-arbitration/
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
How to Conduct a Bullet Proof Harassment InvestigationNow Dentons
How to Conduct a Bullet Proof Harassment Investigation includes Who Should Investigate?, Develop the Procedural Script, Develop the Substantive Script, Interview the Respondent and Witnesses, Draft the Report and How to Document?
The Booklet of Winning Litigation Strategies at Court and Arbitration will help you understand how to: (i) effectively file a lawsuit, (ii) use counterclaims as a defense strategy, (iii) collect and use evidence to strengthen your case, (iv)utilize winning methods for settlement negotiations and mediation, and (v) successfully navigate trial and arbitration hearings.
View our article here: https://letranlaw.com/insight/winning-litigation-strategies-at-court-and-arbitration/
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
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[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
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Memorandum Of Association Constitution of Company.pptseri bangash
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Implicitly or explicitly all competing businesses employ a strategy to select a mix
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(i.e., industry structure in the language of economics).
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Grievance & Arbitration Primer: What You Need to Know - July 18, 2013
1. Grievance & Arbitration Primer:
What You Need to Know
Grievance & Arbitration Primer
Mireille Khoraych
2. Agenda
1. Grievance Procedure
a)
b)
c)
d)
e)
Process & Purpose
Preparing for and Managing the Process
Grievance Meetings
Responding to the Grievance
Referral to Arbitration
2. Arbitration
a)
b)
c)
d)
e)
f)
Overview
Preparing for the Hearing
Mediation as an Option
Preliminary Issues
The Hearing – What to Expect
Remedies
3. Questions?
Grievance & Arbitration Training
4. Grievance & Arbitration Procedures
Meant to help you…
•
Premised on Collective Agreement and applicable Canada
Labour Code provisions
•
Grievance Procedure in Collective Agreement
•
Arbitration
•
Can take several months to several years
Grievance & Arbitration Training
5. 1. a.) Grievance Procedure - Terms
•
CLC requires all Collective Agreements to include a
provision for final settlement of differences between the
parties related to CA (s.57)
•
•
i.e. a grievance and arbitration procedure
Collective Agreement Terms Dictate procedure
•
time limits
•
steps – which level of management
•
procedural requirements (e.g., signed and written grievance,
presence of steward, etc.)
•
type of grievance
Grievance & Arbitration Training
5
6. 1. a.) Grievance Procedure - Terms
•
Types of Grievance
•
Individual
•
Group
•
Union Policy
•
Company
Grievance & Arbitration Training
7. 1. a) Grievance Procedure - Purpose
•
Define Issue(s)
•
Discover & Share Facts
•
Discover & Share Evidence
•
Discover & Share Arguments
•
Opportunity to convince them you are right
•
Assess Importance/Strength of issues raised
•
Find a Solution [i.e. SETTLEMENT]
Grievance & Arbitration Training
8. 1. a.) Grievance Procedure – defining the
issues
•
Scope of grievance – must fall within CA
•
•
Application of CA Language
•
Exercise of rights / authority under CA
•
Propriety of Disciplinary Action
•
•
Meaning of CA Language
Classification/Posting/Lay-off, etc.
Know your CA!
Grievance & Arbitration Training
9. 1. b.) Once the Grievance is Filed –
Managing the Process
•
Prepare in advance of meetings
•
Establish goals – for the case and for the
organization
•
Can goals be achieved through settlement?
•
Is it a case which should go to arbitration?
•
Meaningful process – don’t just go through the
motions
•
Privileged discussions
Grievance & Arbitration Training
9
10. 1. b.) Managing the Grievance Procedure
•
Get the facts
•
•
•
Both from witnesses and documents
Investigate
Document the Facts
•
Notes
•
Paper Trail
•
Secure Key Documents and other Evidence
Grievance & Arbitration Training
11. 1. b.) Managing the Grievance Procedure
•
Check the Facts
•
•
Gather Evidence
•
•
Get written statements
Seek Assistance
Put the Facts to the Employee
•
Note the Employee’s Reaction or Response
Grievance & Arbitration Training
12. 1. b.) Managing the Grievance Procedure
•
Take Action
•
Respond or take action
•
Ensure internal consistency and CA consistency
Grievance & Arbitration Training
13. 1. c.) Grievance Meetings: Tactics and
Strategies
•
Framing the Grievance
•
Complaint must identify issue from CA
•
Factual circumstances should be drawn out
•
Response should be based on the CA
•
Manager’s efforts to address concerns raised may
influence the framing of the Grievance
•
Written Grievance frames dispute for Arbitration
Grievance & Arbitration Training
14. 1. c.) Productive Grievance Meeting
•
Listen
•
Grievor’s opportunity to be heard / explain
•
Investigate the Grievor’s assertions
•
Know your case and probe for helpful
concessions
Grievance & Arbitration Training
15. 1. c.) Productive Grievance Meeting
•
Learn the Union’s theory
•
Ask for copies of Union’s documents or notes
•
Control the meeting – Insist on professional
conduct
•
Union’s job is to convince you
Grievance & Arbitration Training
16. 1. d.) Responding to the Grievance
•
In writing after the meeting
•
Three options:
•
Simple denial
•
Denial and more fulsome explanation
•
Simple denial and verbal explanation
•
But best to tell them WHY
•
Set out and maintain objections
•
If appropriate, offer acceptable resolution
Grievance & Arbitration Training
17. 1. d.) Responding: Objections to Grievance
•
Three Basic Objections
•
•
Improper Form
•
•
Timeliness
Not Covered by CA
Waiver
•
Identify objection immediately and communicate them
immediately
•
Restate Objection in each meeting and response
Grievance & Arbitration Training
18. 1. e.) Referral to Arbitration
•
Look at the timeline
•
1 person vs. 3 person Board of Arbitration
•
Selection of arbitrator
•
Board appointed arbitrator (s.57(4))
Grievance & Arbitration Training
18
19. 1. e.) Bottom Line
•
Read, understand and consistently apply the CA
•
•
easier to defend decision if it complies with the CA
If not sure, check with counsel
Grievance & Arbitration Training
19
20. 2. a.) Arbitration Overview
•
Dispute resolution mechanism created by CA and
CLC
•
Subject matter defined by CA
•
Composition of Board / Arbitrator Defined by CA
•
Final and Binding Resolution
•
Typically the end of a process
Grievance & Arbitration Training
21. 2. a.) Arbitration: The Parties
•
Union and Employer
•
•
no side deals allowed
•
•
not employee and supervisor
Union has carriage of grievance
Cannot “grieve” against another employee
•
e.g., harassment
Grievance & Arbitration Training
21
22. 2. a.) Arbitration: Key Parts in an Arbitration
1.
Investigation of issue raised by grievance (to the
extent it hasn’t already been done)
2.
Preparation
3.
Litigation
Grievance & Arbitration Training
23. 2. b.) Investigation
•
What is the case all about?
•
Gathering facts
•
Interviewing witnesses
•
Getting the documents
•
Visiting the scene
•
Timing of investigation
Grievance & Arbitration Training
24. 2. b.) Investigation: Interviewing Witnesses
•
•
First Steps
Preparation
•
•
•
•
Who’s at the meeting?
•
•
•
•
Make a binder
Make a player’s list
Start your chronology
No “friends” of the witness
Union Rep for bargaining unit witnesses?
Supervisor
Location of meeting
Grievance & Arbitration Training
25. 2. b.) Investigation: Interviewing Witnesses
•
Take good notes
•
Handwritten v. typed
•
Organize the notes
•
by witness
•
Establish rapport – don’t cut to the chase
•
Let them tell the story
•
Be supportive
Grievance & Arbitration Training
26. 2. b.) Investigation: Interviewing Witnesses
•
Don’t let the witness think that the case rests on
his/her shoulders
•
Broaden your fact base
•
Ask open ended questions
•
Go back and get details
Grievance & Arbitration Training
27. 2. b.) Investigation: Interviewing Witnesses
•
Listen more than you talk
•
Pay attention – don’t take calls
•
Evaluate – is this witness helpful?
Grievance & Arbitration Training
28. 2. b.) Investigation: Interviewing Witnesses
•
Different Kinds of Witnesses are required at the
hearing
•
set-up
•
background
•
factual
•
decision maker
Grievance & Arbitration Training
29. 2. b.) The Role of the Union
•
During the Investigation
•
During the Discipline Meeting
•
During the Grievance Procedure
Grievance & Arbitration Training
30. 2. b.) Documents
•
From Employer
•
From the Union / Grievor
•
From a Third Party
•
police
•
customer/citizen
•
health professionals
Grievance & Arbitration Training
31. 2. b.) Documents
•
be careful about opinions
•
stick to the facts
•
includes email correspondence
Grievance & Arbitration Training
32. 2. b.) Scene Preservation
•
If a picture is worth a thousand words, a site visit
is worth ten thousand
•
Pictures
•
Perspective
•
Floor plan
Grievance & Arbitration Training
33. 2. c.) Setting Up The Arbitration
•
Mediation only
•
Mediation/Arbitration
•
Arbitration only
Grievance & Arbitration Training
34. 2. c.) Canada Labour Code, S. 60 (1.2)
(1.2) At any stage of a proceeding before an arbitrator
or arbitration board, the arbitrator or arbitration board
may, if the parties agree, assist the parties in
resolving the differences at issue without prejudice to
the power of the arbitrator or arbitration board to
continue the arbitration with respect to the issues that
have not been resolved.
•
Addressed concerns regarding bias
Grievance & Arbitration Training
35. 2. c.) When is Mediation the Preferred
Option?
•
Relative agreement on facts
•
Need for ongoing relationship
•
Your case is a dead loser
•
You need a 3rd party to tell parties about the weaknesses in
their case
•
You want to discover the other side’s case
•
Privacy
•
Risk of an adverse precedent
•
Your witnesses are weak
Grievance & Arbitration Training
36. 2. c.) When is Arbitration the Preferred
Option?
•
Parties need an interpretation of collective
agreement
•
Resolution is simply not possible
•
Sometimes the parties need to hear the evidence
to really understand their case
Grievance & Arbitration Training
37. 2. c.) The Downside of Mediation
•
Requires some willingness to make compromise
•
Arbitrator may prejudge the case
Grievance & Arbitration Training
38. 2. c.) The Downside of Arbitration
•
Decision-makers are arbitrary
•
Cost and time involved
•
Arbitrators have limited resolution options
Grievance & Arbitration Training
39. 2. c.) Ingredients to Successful Mediation
•
A good mediator
•
The parties are willing
•
The timing is right
•
The client is ready to deal with the issue
•
Is there a relationship of trust?
Grievance & Arbitration Training
40. 2. c.) Preparation is Everything in Mediation
•
Need alignment
•
Need to understand exposure
•
Need to understand other intangibles
•
impact on other employees (morale?)
•
precedent it may set (despite without prejudice or
precedent language)
•
breach of confidentiality clause
Grievance & Arbitration Training
41. 2. c.) The Art of Mediation
•
Should there be an opening statement?
•
Do you recognize the emotion on the other side?
•
Discussions in the hall or in the room with counsel?
•
Be ready for hearing to proceed
•
Need for civility
Grievance & Arbitration Training
42. 2. c.) How Do You Leverage Your
Mediation?
•
Facts are everything
•
A good brief with key documents
•
Be credible
•
If it’s a loser, figure out how you want to lose
•
Focus on interests, not positions
•
Can we offer something they cannot get at
arbitration?
Grievance & Arbitration Training
43. 2. c.) When Do You Not Make A Deal?
•
Always know your best alternative to a negotiated
agreement
Grievance & Arbitration Training
44. 2. c.) Settlement Documents
•
Be precise
•
What if disagreement on terms?
•
Confidentiality
•
Settlement as an award?
•
Set out pre-amble
•
Without prejudice or precedent
Grievance & Arbitration Training
45. 2. d.) Preliminary Issues
•
Referral to Arbitration
•
Timeliness
•
Collective Agreement provisions
•
s. 60 (1.1)
Grievance & Arbitration Training
46. 2. d.) Preliminary Issues
•
Adjournments
•
Consensual
•
Who pays?
•
Contested
•
Reasons for request
Grievance & Arbitration Training
47. 2. d.) Past Practice - Estoppel
•
Importance of past practice
•
Two uses
• Aid to interpretation of ambiguous provision
• Estoppel
Grievance & Arbitration Training
48. 2. d.) Aid to Interpretation
•
Collective agreement provision ambiguous
(capable of more than one meaning)
•
Clear and consistent conduct by one party over
long period of time based on one interpretation
•
Knowledge of that practice and acquiescence to it
by the other party
•
Shared intention of the meaning
Grievance & Arbitration Training
49. 2. d.) Estoppel
•
Doctrine
•
Where one party through words (negotiations) or conduct
(past practice)
•
Makes a representation that they will not rely upon their strict
legal rights (i.e. the clear meaning of the collective agreement)
•
And the other party relies upon that representation to their
detriment (i.e. did not negotiate change to collective
agreement)
•
The first party will be prevented (or estopped) from reverting
to the proper interpretation for the life of the collective
agreement
Grievance & Arbitration Training
50. 2. e.) Type Of Arbitrator
•
Selection of Decision Maker
•
Style and Experience of Decision Maker
•
Availability of other dates for continuation
•
Knowledge of parties
•
Knowledge of the grievor
•
Past history on the topic
Grievance & Arbitration Training
51. 2. e.) Arbitration Overview
•
Arbitration Hearing
•
•
•
•
•
•
•
•
•
•
Arbitrator appointed (CA terms) – parties must agree to jurisdiction
Legal counsel / other representatives
Witness/oath
First hand evidence/hearing
Exclusion of witnesses / grievor remains
Can be time consuming
Opening statements
Evidence through witnesses and documents
Legal argument
Binding and public decision
Grievance & Arbitration Training
52. 2. e.) Arbitration Hearing Tips
•
Ensure that you understand what the union’s position
will be on the issues in consideration
• Preliminary issues
•
Who goes first
•
Who are they going to call as witnesses
•
Are there any documents that they will be relying
upon which they have not given you
•
How long do you think that you will be in opening,
calling each witness, in argument?
Grievance & Arbitration Training
53. 2. e.) Arbitration Hearing Tips
•
Consider an exclusion order
•
Grievor gets to stay as a right
•
Who will you keep as an advisor?
•
If you are going first – then don’t name your first
witness as your advisor
Grievance & Arbitration Training
54. 2. f.) Remedy: What Relief Do You Seek
Tell Arbitrator what you want
•
Discuss grievance
•
Uphold discipline/Employer interpretation of collective
agreement
•
Declaration only
•
Damages, reinstatement, conditions, etc.
•
Remain seized if they award a remedy
•
Remain seized for implementation and interpretation of
decision
Grievance & Arbitration Training
55. 2. f.) Sweating The Details
•
Keep in mind:
•
The objective of the exercise
•
Why your side should win
•
The facts you need to establish to win
•
What evidence is needed to do so
•
How to prove the things you need to prove
•
What legal issues must be resolved to do so
•
What evidence the other side will likely lead and what to
do about it
Grievance & Arbitration Training
56. 2. f.) Best Sources For Arbitration Law
•
Brown & Beatty, Canadian Labour Arbitration
•
Palmer, Collective Agreement Arbitration Canada
•
Labour Arbitration Canada – Mitchnick &
Etherington
•
Labour Arbitration Cases
•
Canadian Labour Arbitration Summaries
Grievance & Arbitration Training