- June 9, 2021
- Miscellaneous
In the course of interest arbitration between the parties, the board of arbitration issued an order excluding witnesses. Despite this order, two Union representatives attended the hearings as advisors to the Union counsel. In this interim award, the board of arbitration considered the request of the Union to change two of its advisors and add a third advisor.
The tribunal considered the order excluding witnesses and the right of a lawyer to be assisted by a representative of the party it represents. This case concerned two bargaining units, the Colossus Cinema and the Ste-Foy Cineplex, respectively.
Article 79 of the Quebec Labour Code confers upon the board of arbitration the power to modify a collective agreement, which grievance arbitrators to not have. In light of the legal framework governing interest arbitration, the board of arbitration allowed the Union’s request to be assisted by a representative of the employees of the Colossus Cinema, the employees of the Ste-Foy Cineplex, and a representative of IATSE, Local 262 and held that counsel for the Union may change its advisor in the course of the hearing.
The board of arbitration noted that counsel for the Employer also benefited from the right to have an advisor from the party it represents.