Ontario Severance

Universal Workers Union (Labourers' International Union of North America, Local 183) v. Ferreira

2009 ONCA 155 (CanLII)Court of Appeal for OntarioDecided Labour relations

Union Discipline vs Arbitration: CA Ontario

Summary

This appeal addresses whether internal union disciplinary hearings conducted by an independent hearing officer constitute arbitration under the Arbitration Act, 1991, and whether such decisions can be enforced as arbitration awards. The Court of Appeal for Ontario held that internal disciplinary matters do not constitute 'disputes' under the Act and that no express or implied arbitration agreement exists within the union constitution.

Outcome

appeal dismissed

Key Factors

  • arbitration
  • union disciplinary processes
  • Arbitration Act, 1991
  • union constitution
  • implied agreements

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.