Can an arbitrator deal with a collective agreement that expressly or inferentially arises out of the collective agreement?
British Columbia, Canada
The following excerpt is from Elkview Coal Corp. v. United Steel Workers of America, 2000 BCSC 467 (CanLII):
The second is that an arbitrator may deal with matters that arise inferentially from a collective agreement. In Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929 at 957, Madam Justice McLachlin (as she then was) said: "only disputes which expressly or inferentially arise out of the collective agreement are foreclosed to the Courts" [supporting citations deleted]. In other words, if the subject matter of a grievance arises inferentially from the wording of the collective agreement, it is arbitrable.
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