Regina v. Board of Arbitration, Ex parte United Steelworkers of America, Local 4752
Collective Bargaining Dispute: Employer's Authority to Require Medical Exams
Summary
A merits decision involving a dispute over the interpretation of a collective bargaining agreement, where an employer implemented a rule requiring employees absent for illness exceeding two weeks to undergo medical examinations by a company-appointed physician. The union challenged the rule as unreasonable, and the arbitration board's decision was found to involve an error on the face of the record, leading to the rule being remitted for reconsideration.
Outcome
Rule remitted for reconsideration
Key Factors
- collective bargaining agreements
- interpretation of management rights clause
- reasonable rules
- medical examination requirement
- evidentiary requirements in arbitration
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