No smoking! The arbitration of smoking restricting policies

Article Abstract:

Arbitrators have over the past 10 years differed significantly over management establishment of workplace smoking rules over union objections. Bargaining with a union may not be necessary under some circumstances, and some arbitrators consider smoking on the job to be a revocable privilege rather than a term of employment. Some also permit imposition of a rule against smoking on the grounds that employee health is endangered, and most agree that it cannot be challenged if clearly in the employer's interest.

Usage, Laws, regulations and rules, Workplace smoking, Commercial arbitration

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Last chance agreement

Article Abstract:

Simple, common-sense approaches to last chance agreements can greatly enhance the effectiveness of these documents for both the employer and the employee. The agreement must be a written agreement specifying the time period of its enforcement, the penalty, the conduct which will initiate the penalty and the issue of whether the employee can arbitrate the imposition of the penalty. Employers must allow a union representative to be present during the process leading up to the formalization of the agreement.

Management, Interpretation and construction, Labor contracts, Employee dismissals, Employment terminations, Employment at will, Labor arbitration

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Arbitration of employee refusal to work overtime

Article Abstract:

Employers may direct employees to work overtime under collective agreements or general management rights clauses. The right to demand overtime work is limited, but there are few circumstances in which employees can refuse an order to work overtime. Reasonable concerns for health and safety are the least controversial reasons for refusing overtime work.

Analysis, Employee discipline, Overtime, Grievance procedures

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