Re Douglas Aircraft Co. of Canada Ltd. and International Union, United Automobile Aerospace & Agricultural Implement Workers of America (U.A.S.-C.L.C.)
Labour Arbitration: Penalty Modification Based on Inequality of Treatment
Summary
A labour and employment arbitration case where an arbitrator reduced a penalty of discharge to suspension due to inequality of treatment among employees. The grievor was found guilty of participating in an illegal work stoppage but not of planning it. The court examined whether an arbitrator can modify a penalty based on unequal treatment and whether reliance on inaccurate statements affects the arbitrator's jurisdiction.
Outcome
Court found that the real reason for the penalty modification was inequality of treatment and outlined governing principles for arbitrator jurisdiction.
Key Factors
- arbitration
- modification of penalties
- inequality of treatment
- arbitrator's authority
- jurisdiction of arbitrators
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