Common use of Discipline Grievances - Arbitrator’s Remedial Authority Clause in Contracts

Discipline Grievances - Arbitrator’s Remedial Authority. Where an arbitrator, the Labour Relations Board of British Columbia or any other body of competent jurisdiction finds that an Employee has been disciplined, discharged or terminated for other than just cause or that if just cause exists, that the penalty is inappropriate, the arbitrator, the Labour Relations Board, or other body shall have the power to: (a) direct the Employer to reinstate the Employee with full pay, including retroactivity and interest, and to make the Employee "whole" with respect to all seniority, benefits and other rights and entitlements which would have accrued to the Employee under the Collective Agreement had he or she remained working; (b) make such other order as it considers fair and reasonable, having regard to all of the circumstances and the terms of this Agreement.

Discipline Grievances - Arbitrator’s Remedial Authority. Where an arbitrator, the Labour Relations Board of British Columbia or any other body of competent jurisdiction finds that an Employee employee has been disciplined, discharged or terminated for other than just cause or that if just cause exists, that the penalty is inappropriate, the arbitrator, the Labour Relations Board, or other body shall have the power to: (a) direct the Employer to reinstate the Employee employee with full pay, including retroactivity and interest, and to make the Employee employee "whole" with respect to all seniority, benefits and other rights and entitlements which would have accrued to the Employee employee under the Collective Agreement had he or she they remained working; (b) make such other order as it considers fair and reasonable, having regard to all of the circumstances and the terms of this Agreement.

Discipline Grievances - Arbitrator’s Remedial Authority. ‌ Where an arbitrator, the Labour Relations Board of British Columbia or any other body of competent jurisdiction finds that an Employee has been disciplined, discharged or terminated for other than just cause or that if just cause exists, that the penalty is inappropriate, the arbitrator, the Labour Relations Board, or other body shall have the power to: (a) direct the Employer to reinstate the Employee with full pay, including retroactivity and interest, and to make the Employee "whole" with respect to all seniority, benefits and other rights and entitlements which would have accrued to the Employee under the Collective Agreement had he or she remained working; (b) make such other order as it considers fair and reasonable, having regard to all of the circumstances and the terms of this Agreement.