Legal Decisions

While the vast majority of disputes can be resolved informally or at local levels of the grievance procedure, there are occasions on which the Faculty Association has to take issues to a third party to be resolved. The resulting decisions have the force of law and bind both the University and the Association in future dealings.

Most frequently, we take these issues to a Labour Arbitrator appointed under the BC Labour Relations Code. Arbitration decisions are important because they interpret the provisions of the Collective Agreement and clarify the rights of our members. They set standards and models which hold for our members and which sometimes set precedents for other Canadian university faculty as well (the Bryson case is a good example).

In addition to arbitrations, the Faculty Association sometimes has to take matters to the courts, either to appeal an Arbitration decision or because the matter falls or may fall outside an Arbitrator's jurisdiction. An example of this is the Faculty Association’s case at the BC Court of Appeal regarding the authority of the Senate to create policies which override our collective-agreement rights.

The following is a partial list of arbitrations and documents related to other legal proceedings handled by the Association since voluntary recognition under the BC Labour Code in 2000. For more information on these or any other rulings, please contact the Association.

ARBITRATION ARBITRATOR	INDIVIDUAL(S) / ISSUE(S)	DATE
Court of Appeal for BC Justice Prowse, Justice Lowry & Justice Neilson	Student Evaluation of Teaching	April 2010
Preliminary Award David McPhillips	Student Evaluation of Teaching	March 2008
Arbitration Colin Taylor	Senior Instructors' Tenure Policy	June 2007
LRB Decision Lisa Southern	UBCO	May 2007
Court of Appeal for BC Justice Rowles, Justice Ryan & Justice Lowry	Lance M. Rucker Appeal of Judicial Review	April 2007
Supreme Court of BC Decision Justice Powers	Lance M. Rucker Judicial Review	March 2006
LRB Decision G.J. Mullaly	Mary Bryson / MET University appeal under section 99 of the Labour Relations Code	February 2006
LRB Decision on Review of Supplementary Award Mark Brown	Josephine Chiu-Duke University application for review under section 99	June 2005
LRB Decision on Reconsideration Brent Mullin	Lance M. Rucker University application for reconsideration under section 141 of the Labour Relations Code	April 2005
Supplementary Award on Remedy Joan Gordon	Josephine Chiu-Duke Promotion and Tenure; Senior Instructors	March 2005
Arbitration Joan Gordon	Josephine Chiu-Duke Promotion and Tenure; Senior Instructors	January 2005
LRB Decision G.J Mullaly	Lance M. Rucker University appeal under Section 99 of Labour Relations Code	October 2004
Arbitration Marguerite Jackson	Lance M. Rucker Promotion and Tenure; Full Professor; professional cases; reasonableness	April 2004
Arbitration Rod Germaine, Brenda Peterson & James Brander	Commerce Faculty Subsidiary Agreement	March 2004
Minority Award Brenda Peterson	Commerce Faculty Subsidiary Agreement	March 2004
Arbitration James Dorsey	Mary Bryson/ MET University appeal under section 99 of the Labour Relations Code	February 2004
Arbitration Robert Pekeles	Laurence Preston Promotion and Tenure;Associate Professor; reconsideration; procedures	January 2004
Arbitration Joan Gordon	Carl Johnson Promotion and Tenure	October 2003
Interest Arbitration Award Glenn Sigurdson	Sessional Faculty Conditions of Appointment for Sessional Faculty	September 2003
Arbitration Dalton Larson	Humin Lin, Wei Xia, Tianming LI, Zhining Zheng & Terence Russell Salaries; sessional teaching; course credits	August 2003
Consent Award Joan Gordon	Josephine Chiu-Duke Promotion to Assistant Professor	November 2002
Consent Award Donald Munroe	Brenda Peterson Termination of position	November 2002

Last modified: April 21, 2010

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