Re Durham Regional Board of Commissioners of Police and Durham Regional Police Association
Collective Agreement Legal Expenses: Arbitrator Jurisdiction Dispute
Summary
A dispute regarding whether an arbitrator under the Police Act had the jurisdiction to include a provision in a collective agreement requiring reimbursement of legal expenses for police officers acquitted of charges arising from their duties. The court ruled that such a provision fettered the statutory discretion of municipal councils under section 24(6) of the Police Act.
Outcome
Arbitrator exceeded jurisdiction by including a provision that fettered statutory discretion of municipal councils
Key Factors
- collective agreements
- arbitration
- legal expenses
- statutory discretion
- Police Act
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