Interpretation or Application of a Collective Agreement Case Law

At Grosman Gale Fletcher Hopkins LLP in Toronto, our labour lawyers have been helping unionized employers in all sectors interpret collective agreements for over 30 years. We support our clients by interpreting the wording of their agreement, guiding them through the complaints process (when a complaint is filed by the union) and representing them in all resulting complaint arbitrations. A collective agreement reflects the final consensus reached between the parties at the bargaining table. Therefore, it is assumed that each party intended to say what it said and that the rule of interpretation of clear meaning applies. That is, words acquire their ordinary meaning, technical or legal terms acquire their technical or legal meaning, and the specific use of words is recognized in the respective context between the parties. Other important aspects of collective interpretation are: In a unionized environment, the collective agreement is a fundamental aspect of the workplace relationship. A collective agreement is the written contract between the employer and the union that sets out the rights and obligations of both parties and the terms and conditions of employment of employees. Collective agreements may be negotiated between the parties or imposed by binding arbitrations or laws. When a dispute arises in a unionized workplace, the collective agreement is the first place the parties turn for answers. Because of the fundamental importance of a collective agreement in a unionized environment, the interpretation of collective agreements tends to become a major conflict between the parties, as each party has difficulty interpreting the document in its favor.

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