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May 2010

University Senate Policies Trump Collective Agreement says BC Court of Appeal

On April 20, 2010, the British Columbia Court of Appeal (the "Court") rendered an important decision dealing with whether or not a university's senate could pass policies that are inconsistent with provisions of a collective agreement between the university's Board of Governors, and the university's Faculty Association. In the Faculty Association of the University of British Columbia v. University of British Columbia, the Court held that under the University Act (the "Act"), the Senate had power over academic governance and if it passed a policy further to that power that was inconsistent with the provisions of a collective agreement, an arbitrator could not review such a policy.

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