Comments on: Arbitration is not Administrative Law http://ablawg.ca/2008/08/16/arbitration-is-not-administrative-law/ Thu, 17 May 2012 18:20:12 +0000 http://wordpress.org/?v=2.3.3 By: Jan Goodwin http://ablawg.ca/2008/08/16/arbitration-is-not-administrative-law/#comment-77820 Jan Goodwin Sun, 06 Dec 2009 02:17:55 +0000 http://ablawg.ca/2008/08/16/arbitration-is-not-administrative-law/#comment-77820 1. A grievance arbitration hearing is open to the public unless counsel for either the employer or the Union raises an objection. The arbitrator, who sets the procedure concerning all matters connected to the hearing, would hear arguments for and against the hearing remaining open and make a decision accordingly. 2. The only document that routinely becomes public is the final decision/award written by the arbitrator (which may or may not include a dissent if the matter was heard by a three-person arbitration panel). These decisions are then published on-line in data bases like Quicklaw and Canada Law Book Online (now called Spectrum, I believe). Occasionally the parties may agree to a decision that does not include written reasons. In such a case, only the decision is made public. 1. A grievance arbitration hearing is open to the public unless counsel for either the employer or the Union raises an objection. The arbitrator, who sets the procedure concerning all matters connected to the hearing, would hear arguments for and against the hearing remaining open and make a decision accordingly.

2. The only document that routinely becomes public is the final decision/award written by the arbitrator (which may or may not include a dissent if the matter was heard by a three-person arbitration panel). These decisions are then published on-line in data bases like Quicklaw and Canada Law Book Online (now called Spectrum, I believe). Occasionally the parties may agree to a decision that does not include written reasons. In such a case, only the decision is made public.

]]> By: S http://ablawg.ca/2008/08/16/arbitration-is-not-administrative-law/#comment-76375 S Sat, 21 Nov 2009 10:07:11 +0000 http://ablawg.ca/2008/08/16/arbitration-is-not-administrative-law/#comment-76375 Is it true that if a grievance filed through a union goes to arbitration, (1) the arbitration is public (2) whatever is discussed in arbitration becomes available to the public for those who know how to access such documents? Is it true that if a grievance filed through a union goes to arbitration, (1) the arbitration is public (2) whatever is discussed in arbitration becomes available to the public for those who know how to access such documents?

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