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13 Arb. L. Rev. [1] (2021)

handle is hein.journals/anlwrvw13 and id is 1 raw text is: Novel Issues in Canadian Labour Arbitration Related to COVID-19 by Richard A. Bales* Forthcoming ARBITRATION LAW REVIEW (2021) Abstract The COVID-19 pandemic of 2020-21 changed working conditions for millions of Canadians quickly and dramatically. Employers responded by requiring employees to quarantine, implementing workplace COVID policies, disciplining employees who violated those policies, changing work schedules, cancelling leaves or vacations, and furloughing or laying off employees. Unions have challenged many of these actions, raising a variety of novel issues that are now being resolved through labour arbitration. This article surveys those labour arbitration awards. Outline I. Introduction II. Methodology III. Covid-Related Arbitration Awards A. Ordering Online Hearings Over a Party's Objection B. Workplace Safety Issues C. Covid Workplace Policies 1. Duty-to-Bargain Challenges 2. Substantive Challenges 3. Disciplinary Cases D. Pay issues 1. Sick Pay 2. Premium Pay for Closed Workplaces 3. Schedule Changes & Overtime E. Layoffs and Furloughs 1. Layoffs 2. Furloughs F. Issues Unique to Education 1. Higher Education * Professor of Law, Ohio Northern University, Pettit College of Law. Special thanks for their insights to Richard Adelman, Christopher Albertyn, Ira Cure, Andrea Dooley, Jacqueline Drucker, Howard Foster, Barry Goldman, Marcia Greenbaum, Lisa Kohn, Ed Krinsky, Martin Malin, Dennis Nolan, Allen Ponak, Sylvia Skratek, Susan Stewart, Samuel Spencer Stone, John Stout, Barry Winograd, and Marc Winters.