Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Showing posts with label Arbitrator. Show all posts
Showing posts with label Arbitrator. Show all posts

Thursday, August 09, 2012

Ex-Tory candidate removed as Harper-appointed arbitrator in Canada Post-union dispute

The Federal Court has ordered the Harper government to find a new arbitrator in a lingering dispute between Canada Post and its biggest union.

In a decision released Wednesday, the court said arbitrator Guy Dufort’s previous work for Canada Post and history as a Conservative candidate in Quebec casts doubt on his impartiality.

Monday, June 18, 2012

Arbitrator chooses Air Canada contract for machinists

A federal arbitrator ruled in favour of Air Canada in its 14-month-old labour dispute with the company's unionized machinists.

Arbitrator Michel Picher ruled to impose the airline's final, five-year contract offer on Sunday.

According to the airline, the deal between Air Canada and the International Association of Machinists and Aerospace Workers (IAMAW) includes changes to the pension plan for any new hires. The pension plan for current employees will not change.

Wednesday, April 25, 2012

CFPB to Take on Shadow Corporate Justice System

The Consumer Financial Protection Bureau announced Tuesday morning a “public inquiry” into how the financial services industry uses arbitration clauses to protect itself from consumer lawsuits. These clauses are often hidden from consumers, deep in contractual fine print, and strip away basic rights to judicial review.

Banks, credit cards, cell phone companies or even employers routinely offer contracts that, in the event of a dispute, mandate an arbitration procedure in which there is not a judge or jury—but rather, a private arbitrator often chosen by the corporation being sued.

Naturally, this creates a pseudo-judicial system heavily weighted towards corporations—in California, for example, a study found that corporations won 94 percent of the arbitration proceedings. In one of the more infamous cases of an arbitrator simply rubber-stamping a corporation’s case, a Minnesota arbitrator ruled in 2006 that woman owed a credit card collection agency $7,800 for a defaulted account—except the card was taken out by an entirely different woman who happened to have the same name.

Friday, March 16, 2012

Canada Post union asks new arbitrator to step aside over Tory ties

The union representing postal workers is asking the arbitrator named to settle a contract with Canada Post to step aside because he has ties to the Conservative party and previously represented the company.

In a bulletin to members Thursday, Denis Lemelin, president of the Canadian Union of Postal Workers, writes that the union learned this week that Labour Minister Lisa Raitt had appointed Guy Dufort as arbitrator, effective March 19, replacing Coulter Osborne who quit in November.

Osborne stepped down after the union went to court over Raitt’s choice, saying he was not bilingual.

As part of the back-to-work legislation brought in last June, the arbitrator is to preside over final offer arbitration, where both sides present their final positions and the arbitrator selects one without blending aspects from the two sides.

Last November, the Labour Department asked the union to submit names of additional arbitrators, and the union included Dufort, who was on a list of Quebec arbitrators. That list is approved by employers and central labour bodies, said Lemelin, adding no further research was done.