Grievance Simulation Assignment

LAW CASE : Arlington Home for the Aged

Instructions:

This assignment requires you to apply the arbitral principles of "just cause" for discipline and discharge. This assignment is based on: (1) independent research of arbitration jurisprudence; (2) lecture material; (3) the assigned text; and (4) the attached case.

In order to understand the principles involved in the case it will be required that you review relevant arbitral jurisprudence. The following texts may be of use. Additional handouts will be provided.

• D. Beaty. and D. Brown. "Canadian Labour Arbitration" Canada Law Book. 4^th Ed. 2008
• Sack, Jeffery. "Winning Cases at Grievance Arbitration" Lancaster House. 1994
• Sanderson, John. "Labour Arbitrations and All That" Canada Law Book. 2^nd Ed. 1985

1. Demonstrate a sound knowledge of the elements of just cause, rights dispute resolution, and grievance strategies.
2. Clearly present arguments appropriate for your assigned role of management or union. Fully present, and justify, the award you are seeking. Ensure that your reasoning is concise and logically consistent.
3. Apply appropriate current case law.

1. Be concise and logically. Cite relevant arbitral jurisprudence to support your reasoning. Teams will be evaluated on their knowledge and understanding of the issues as well as their ability to present logical arguments supporting their position while refuting those of their opponents

Opening Statements:

Both sides will make a brief opening statement in which they identify each of the following. The union side will begin first.:

• That is a proper grievance under the collective agreement (union)
• The issue in the case (union/management)
• The incidents giving rise to the grievance (union/management)
• Your sides position on the issue (the desired outcome)

Discussion:

• Each side should make a list of facts in the case that support their respective position
• Each side should also refute the arguments of the other side
• Practice presenting your sides arguments