The Consequences of the Supreme Court of Canada's Approach to the Exclusive Jurisdiction of Labour Arbitrators
Standing
Undergraduate
Type of Proposal
Oral Research Presentation
Challenges Theme
Open Challenge
Faculty Sponsor
Dr. Rachel Aleks
Proposal
This project intends to examine the approach the Supreme Court of Canada has taken to articulating the jurisdiction of labour arbitrators, and how its expansive framing of exclusive jurisdiction in the labour arbitration context limits access to justice for unionized workers. To set context, the project will outline the Supreme Court’s series of decisions expanding the scope of the exclusive jurisdiction of labour arbitrators, beginning with St. Anne Nackawic in 1986 and Weber in 1995, and more recently culminating in Horrocks in 2021, emphasizing the scope of rights and interests that unionized workers lose the ability to protect if their unions opt to not pursue a grievance. Building on the jurisprudential background, the project will then combine data relating to the disposition of duty of fair representation proceedings in various Canadian jurisdictions with qualitative discussion surrounding the relatively low bar unions must clear to demonstrate that they met their duty of fair representation, suggesting that the duty of fair representation is not much of a safeguard in cases where unions opt to not take up members’ grievances. Finally, through an access to justice lens, this project will discuss the wider public policy implications of some unionized workers essentially being denied an avenue to assert highly individual rights, such as the right to be free from discrimination.
Grand Challenges
Viable, Healthy and Safe Communities
The Consequences of the Supreme Court of Canada's Approach to the Exclusive Jurisdiction of Labour Arbitrators
This project intends to examine the approach the Supreme Court of Canada has taken to articulating the jurisdiction of labour arbitrators, and how its expansive framing of exclusive jurisdiction in the labour arbitration context limits access to justice for unionized workers. To set context, the project will outline the Supreme Court’s series of decisions expanding the scope of the exclusive jurisdiction of labour arbitrators, beginning with St. Anne Nackawic in 1986 and Weber in 1995, and more recently culminating in Horrocks in 2021, emphasizing the scope of rights and interests that unionized workers lose the ability to protect if their unions opt to not pursue a grievance. Building on the jurisprudential background, the project will then combine data relating to the disposition of duty of fair representation proceedings in various Canadian jurisdictions with qualitative discussion surrounding the relatively low bar unions must clear to demonstrate that they met their duty of fair representation, suggesting that the duty of fair representation is not much of a safeguard in cases where unions opt to not take up members’ grievances. Finally, through an access to justice lens, this project will discuss the wider public policy implications of some unionized workers essentially being denied an avenue to assert highly individual rights, such as the right to be free from discrimination.