Re Saint John (City of) and Saint John Fire Fighters' Association, IAFF Local 771 (Davidson)

Authors

Innis Christie, Dalhousie University Schulich School of Law
G Lawson
A Levine

Document Type

Arbitration Decision

Publication Date

2-21-2003

Keywords

Due Process, Arbitrability, Jurisdiction, Board, City, Employment Relationship

Abstract

Union grievance on behalf of the Grievor alleging that he was hired and subsequently fired without due process, contrary to the 2001-2003 Collective Agreement between the parties, and seeking full redress. At the outset of the hearing in this matter the parties agreed that this Board of Arbitration is properly constituted and, sub­ject to the City's preliminary objection, properly seized of this matter. The City made a preliminary objection to the jurisdiction of this Board of Arbitration to hear this matter based on the allegation that the Grievor was never an employee of the City; i.e., that he was never hired. The parties agreed that the Board would hear evidence and argument on the preliminary objection and rule on it before dealing with the allegation that the Grievor was improperly discharged.

Recommended Citation

Re Saint John (City of) and Saint John Fire Fighters' Association, IAFF Local 771 (Davidson) (2003), 115 LAC (4th) 193, 2003 CanLII 89647 (NBLA) (Arbitrators: Innis Christie, G Lawson, A Levine).