Arbitrator Charlene MacMillan
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All disciplinary cases brought to labor arbitration are ultimately matters of contract interpretation, since those rules that must apply are framed by the terms of the parties’ collective bargaining agreement.
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Although the rules of evidence are relaxed at arbitration, the quality of the evidence provided does matter to the arbitrator, and can affect the outcome of the case.
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By establishing a practice of acting in good faith in their interactions, employers and unions can be better positioned to meet the foremost goal of just cause: to protect the rights of both employee and employer.
