Search for: "CBA Wellness"
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27 Oct 2015, 3:01 am
Research Noting Up Tip Shaunna Mireau I shared some tips about technology skills with some fine folks via webinar with CBA Manitoba’s Legal Research Section recently. [read post]
25 Oct 2018, 4:00 am
He’d like to make discussing mental health and wellness issues as common as discussing the flu that hits the office every year. [read post]
25 Jul 2017, 4:00 am
" Here, said the court, the CBA contains a broad arbitration clause. [read post]
23 Jul 2009, 8:25 pm
Cost-Benefit Analysis (CBA) is the dominant mechanism for weighing the utility of proposed regulation, but it is not without its critics. [read post]
30 May 2012, 7:22 pm
(Full disclosure: At the time of writing I sit on the Executive Committee for the CBA Newfoundland and Labrador Branch. [read post]
19 Jun 2016, 7:20 pm
Second, the party has to show that it brought a well-defined and clear legal principle to the arbitrator and the arbitrator ignored it. [read post]
11 Feb 2010, 8:25 am
Full details are available here as well as instructions on how you can RSVP to the dinner. [read post]
13 Sep 2008, 4:01 am
There are practices that minimize the creation of metadata, as well as ways to remove the hidden data before distribution or publication so it is not accessible to people for whom it is not intended. [read post]
11 Feb 2020, 6:00 am
Noting that the CBA does not require the District to make its staffing or budgetary decisions in accordance with the Guide, the Appellate Division ruled that the arbitrator contravened an express provision in the CBA that denied him the "authority to modify or amend it. [read post]
31 Mar 2014, 4:00 am
" * The Court of Appeals commented that “despite the fact that the successor CBA was retroactively effective to 2007, it is undisputed that even those plaintiffs who retired in 2007 and 2008 effectively retired under the 2003-2007 CBA, since the subsequent CBA was not executed until 2010. [read post]
8 Mar 2021, 12:00 am
"The threshold determination of whether a dispute is arbitrable is well settled. [read post]
8 Mar 2021, 4:00 am
"The threshold determination of whether a dispute is arbitrable is well settled. [read post]
24 Aug 2015, 4:00 am
However, the court said it found it necessary to intervene under the second prong of the public policy exception because “the arbitrator construed the CBA and fashioned a remedy in a manner that conflicts with a well-defined and dominant public policy, explaining that the “public policy against sexual harassment in the workplace is well recognized,” citing Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination on the basis of… [read post]
8 Sep 2019, 8:03 am
The Company relied on language in the cba which, it asserted, expressly allowed its actions. [read post]
30 Jul 2018, 4:00 am
Citing Greenfield v Philles Records, 98 NY2d 562, the Appellate Division disagreed, explaining that "It is well settled that "a written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms," and whether a contract is ambiguous is a question of law. [read post]
25 Aug 2020, 4:00 am
School Dist. v Arlington Teachers Assn., 78 NY2d 33, explained that "It is well settled that an arbitrator exceeds his or her power within the meaning of CPLR 7511(b)(1)(iii) where, inter alia,* the arbitration award "is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power. [read post]
10 Jul 2015, 10:30 am
"The Appellate Division said that the relevant part of the collective bargaining agreement [CBA] stated only that "[i]f the dispute [regarding a grievance] cannot be satisfactorily resolved, the issue may be submitted to final and binding arbitration. [read post]
29 Mar 2023, 6:00 am
Inasmuch as Plaintiffs were not aggrieved until after they had retired, and inasmuch as the CBAs "expressly limit[] the availability of the grievance procedure to current employees," the Appellate Division concluded that "the clear and unambiguous terms of the [CBAs]" establish that the grievance process was not available to Plaintiffs at the time they became aggrieved, citing Matter of DeRosa v Dyster, 90 AD3d 1470, and other decisions. [read post]
29 Mar 2023, 6:00 am
Inasmuch as Plaintiffs were not aggrieved until after they had retired, and inasmuch as the CBAs "expressly limit[] the availability of the grievance procedure to current employees," the Appellate Division concluded that "the clear and unambiguous terms of the [CBAs]" establish that the grievance process was not available to Plaintiffs at the time they became aggrieved, citing Matter of DeRosa v Dyster, 90 AD3d 1470, and other decisions. [read post]
12 Apr 2019, 4:00 am
The CBA outlined a grievance procedure to resolve "[a]ny dispute arising concerning the interpretation, construction or application" of the terms of the CBA. [read post]
