Document Type

Arbitration Decision

Publication Date



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


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.