Document Type

Article

Publication Date

3-1974

Source Publication

Canadian Bar Review, Vol. 52, Issue 1 (March 1974), pp. 29-58

Abstract

A crucial problem is surfacing in contemporary labour arbitration in Canada. The crisis is occasioned by the almost exponential growth in judicial review of arbitration decisions in recent years. One finds a recurring theme in many of the cases in which the courts actually quash the decisions of arbitration boards. These cases required the exercise of remedial powers by the boards. Once an arbitrator sees a violation of one of the terms and obligations of the collective agreement he must decide what, if anything, to do about it. In recent years our judges, especially those from Ontario, have tended to have a very different view of this problem than the one which appears to prevail within the arbitration profession itself. Analysis of the opposing positions leads us directly to some of the fundamental and enduring dilemmas of the arbitration process. What is the nature and extent of an arbitrator's authority and what is the proper scope of judicial supervision of its exercise?

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