No Take-Backs! Labour Arbitrator Refuses Union's Attempt To Arbitrate Settled Grievance

A recent labour arbitration decision in Service Employees International Union, Local 1 Canada v Evergreen Retirement Community illustrated the finality of settlements made between parties to a legal dispute.

The Union and Employer were bound to a collective agreement. The Union filed a grievance when the Employer terminated an employee, Mr. P-B, for failing to return from an approved compassionate leave in a timely manner. The parties entered into a settlement agreement with respect to several matters, including this grievance, on January 22, 2020. The Union referred it to hearing anyway, and the Employer agreed that the arbitrator would address the issue of arbitrability on a preliminary basis.