HRMT 2349 O01 Labour Relations Spring 2021
Grievance Arbitration Assignment; Value 20%
This assignment provides an opportunity for you to plan and prepare for an arbitration hearing (as either
Union Representative, Management Representative or an Arbitrator), present your side of grievance, and
analyze the presentations.
The case being heard in this Grievance Arbitration Hearing is found on the Moodle site. There are 5 witness
statements from individuals involved in the case. Please read those statements. The statements are general
with regards to the details, you must develop arguments expanding upon the witness statements. You can
make inferences, assumptions, and attribute motivation to the witnesses to hone your arguments.
You may not dramatically add to the case, do not insert unsupported facts that are not related to the case
material ie. the grievor has a mental illness.
This assignment is completed in three phases, including Phase 1 (Planning and Preparation), Phase 2
(Arbitration Presentation), and Phase 3 (Analysis and Written Submissions). See the material below that
illustrates the process we will be following:
PHASE 1: Planning and Document Preparation (Union and Management Representatives)
The instructor will create groups and will post the groups on MS Teams. Channels will be created on MS Teams
for each group.
Your group will be assigned the roles of Arbitrator or Union Representatives, or Management
Management and Union Representatives:
The role of the Union Representatives (2-3 members) and Management Representatives (2-3 members) is to
prepare and present their case via a presentation document (10%) and video recorded presentation (10%),
paying particular attention to:
Create a Case Presentation Document (the basis for your video presentation) containing:
(1) Opening Statement (summation of your case)
(2) Summation of evidence from the witness statements that support your case
(3) Arguments for your side
(4) Case Law to support your argument (you must use at least 3 labour arbitration cases in
your argument). You will research cases on CanLii or other sites provided on the Moodle home
page. These cases should support your side and guide the arbitrators in making a decision in
(5) Summarize what you believe the arbitrators award will be and why do you believe that.
The Case Presentation Document will be provided to the instructor via drop box.
The report must be in paragraph form with full sentences.
Length should be 4-6 pages, space and a half.
A 10% deduction for more than 5 spelling, grammatical or typographical errors.
Please include the references for your 3 labour arbitration cases or any other external data to the case. Proper
citation of external resources is required.
• Case Presentation Document is valued at 10%
• Arbitration Presentation Video Recording is valued at 10%
The role of the arbitration panel (3 arbitrators) involves receiving the Case Presentation Document, and
viewing the Case Presentation Video from both the Employer and Union.
• Arbitration Award is valued at 20%
Please note: both parties agree that the grievance procedure was followed as per the collective agreement
and that the arbitration panel is duly constituted and has the jurisdiction to hear the case at hand.
PHASE 2: Arbitration Presentation (Video Recording)
Representative for the Union and Management will create a video recording of the presentation of your side
of the grievance, utilizing your documentation. The presentation should reflect the 4 areas of your case
presentation document (opening statement, summary of evidence, arguments, cases for support). DO NOT
INCLUDE WHAT YOU THINK THE ARBITRATION AWARD WILL BE.
An arbitration hearing is similar to a court case, so present your case in a persuasive way.
Please do not provide an audio recording of a power point presentation.
The arbitration presentation recording should be no more than 20 minutes in length.
The video will be recorded on the group channel on MS TEAMS.
The documents referred to (cases and any other documents the group submits) will be posted to the group
channel on MS Teams.
It is up to the members of Management and Union teams if they chose to have one representative present in
the video or all members present. Work should be broken out evenly between the video presentation and
presentation document, as the assignment is subject to peer review.
Each side is responsible for submitting their video and presentation documents to MS TEAMS by the due date.
Arbitrators will be assigned to review the Arbitration Presentation Video and submitted documents of a Union
group and Management group. Arbitrators will be granted access to the assigned group channels on MS
Arbitrators will ensure that they can access Arbitration Presentation Video and submitted documents of the
assigned groups. The Arbitrators will watch the video presentations of the Union and Management
Representatives, taking notes of the evidence you hear presented. Arbitrators will read the submitted
documents and review the external cases cited by the parties to bolster their arguments.
PHASE 3: Arbitration Analysis and Decision
Arbitrators will take into consideration the evidence (witness statements), arguments, cases, and the
compelling nature of the presentations to create an award. The award is a report where the arbitrators make
a decision, favoring one side or the other. The award will be 6-10 pages and must follow the approved award
format listed below.
The Arbitrators will submit a single award by the due date. If all three arbitrators are not unanimous, the
dissenting arbitrator can detail why they disagree with the majority decision in the award.
The report/award must contain the following:
Part 1. Preliminary Mattersa) The parties involved are named
b) The arbitrator is named
c) Authority of the Arbitrator – What piece of legislation is providing the authority to resolve this
case, is it binding or not.
Part 2. Background
The background information of the parties pertinent to the dispute (do not regurgitate the whole
case, identify the important background facts)
Part 3. The Issue(s)
Identification of the issue(s)
Part 4. Evidence
a) Details of the evidence of the Claimant – witnesses, documentation, exhibits etc.
b) Details of the evidence of the Respondent- witnesses, documentation, exhibits etc.
Part 5. Arguments
a) Of the Claimant- arguments based on the evidence presented
b) Of the Respondent arguments based on the evidence presented
Part 6. Analysis and Decision of Arbitrator – address the arguments of the parties and explain why you
found them compelling or disregarded them. Detail what you based your decision upon. State clearly
what your decision is and any outcomes.
• The report must be in paragraph form with headings for each section and must be in full sentences.
• A 10% deduction for more than 5 spelling, grammatical or typographical errors.
• Please include the references for your 3 labour arbitration cases or any other external data to the case.
Proper citation of external resources is required.
• The award must be dated and signed by all three arbitrators (electronic signature is acceptable)
Group Work Evaluation/Peer Review
You will complete the Peer Evaluation Form, listing all members of the group including yourself. You will
evaluate all the members of the group, including yourself. This component may have a significant impact on
your overall group assignment grade.
The peer review will determine what percentage of your group assignment you will be evaluated from.
Example. If the peer review average given to you by your group members is 50%, you will receive only 50% of
the grade given by the instructor on your assignment. If your peer review average is 100%, you will receive
100% of the grade given by the instructor on your group assignment.
Online classes can be challenging to work in a group, please ensure that you respond to group members in a
timely fashion and ensure that your work is completed on time.
xxxxx xxxxxxx xxxxxxxx xxxxxxxx xxxxxxxx xxxxxxxxx xxxxxxxx xxxxxxx xxxxxxx
Overall, the union wants a grievance for Elliot’s suspension and termination. xxxxxxxx The arbitrators will probably decide to reinstate Elliot Lloyd’s employment. xxxxxx If Elliot was to get his job back at the hospital the arbitrators could go xxxxxxx of the route of instating new policies and procedures implemented not only towards Elliot but all future and current employees. xxxxxxx With reinstating Elliot, the arbitrators could decide that ifxxxxxxx he did return to the hospital that he be in a xxxxxxx xxxxxdifferent position there, one where he would not have access to patients. xxxxxxxxxx This would require some minor new training depending on where he is placed.xxxxxxx The positions he could do there that would not causexxxxxxxx him to bexxxxxx in the public eye could be possibly filing medical xxxxxxxrecords or any administrative work xxxxx in the back offices. Elliot could also relocate to doing laundry and/or cooking both of those positions would not require excessive training.xxxxxxx Management believes this is the position that the arbitrator’s will take because after Elliot was terminated his pending charges were not dropped until approximately 3 months afterwards.xxxxxx Now he has no criminal record and xxxxxxx Mrs. Bixby is no longer a patient at Pacific Hospital as her treatment plan has finished. xxxxxx The hospital will continue to fight for an xxxxxx untarnished reputation xxxxxx and stand behind our philosophy. Always.xxxxxx
xxxxxx 2500 no. of words!!