An understanding of the principles of contract interpretation is indispensable for anyone involved in the negotiation or administration of a collective agreement, from front-line managers and union representatives to advocates in the arbitration process. The ground rules of collective agreement interpretation have seen a notable shift in recent years. While the traditional techniques of reading a collective agreement, such as the “plain meaning” rule, still play a central role, arbitrators increasingly utilize a more “contextual” approach that takes into account relevant background in order to determine the parties’ intent. In this workshop, experienced counsel will equip participants with the knowledge they need to deal effectively with the wide array of interpretation disputes that arise in a unionized setting.

• What are the most commonly applied rules of collective agreement interpretation? 
• What is the difference between the “plain meaning” approach and a purposive approach? 
• When can evidence of past practice or negotiating history be used as an aid to interpretation? 
• How do arbitrators reconcile negotiated contract language and the contrary provisions of employment-related statutes, e.g. human rights and employment standards legislation? 
• What is “contextual evidence,” as set out by the Supreme Court of Canada in the Sattva case? In what circumstances can such evidence be admitted and relied upon to shed light on the meaning of a disputed clause? 
• How has the use of the “contextual” approach changed the way in which established rules of interpretation are applied? 

Who Should Attend?

This workshop is ideal for anyone involved in the negotiation, interpretation, or enforcement of collective agreements, including: 

• Union Representatives and Labour Advocates – Individuals responsible for interpreting and enforcing contract language, representing members in disputes, and participating in grievance or arbitration processes. 

• Human Resources and Labour Relations Professionals – HR and LR staff who draft, negotiate, or apply collective agreement provisions in the workplace and need to understand how arbitrators interpret contract language. 

• Labour and Employment Lawyers – Legal professionals advising clients or representing parties in arbitration who require up-to-date knowledge of interpretive rules and case law. 

• Front-Line Managers and Supervisors – Operational leaders tasked with day-to-day contract administration who benefit from understanding the principles behind key provisions. 

• Arbitrators, Mediators, and Adjudicators – Dispute resolution professionals who interpret collective agreement language and must stay current on evolving approaches in arbitral and legal decisions. 

What to Expect:

In this virtual skills training workshop, an experienced arbitrator, joined by labour and management counsel, will guide participants through the foundational principles and evolving practices of collective agreement interpretation. From front-line administration to arbitration advocacy, a clear understanding of how language in a collective agreement is interpreted is essential for effective labour relations. 

Through interactive case studies and guided discussions, participants will explore both traditional and modern interpretive approaches, including how arbitrators balance plain meaning with contextual evidence, and when past practice or negotiating history can be considered. The session will also examine the implications of recent case law and how statutory rights interact with collectively negotiated provisions. 

Participants will have the opportunity to ask questions throughout the session, engage in hands-on exercises, and receive digital resources including case summaries and interpretive tools developed by Lancaster House program lawyers for ongoing use and future reference. 

Learning Outcomes:

Participants will leave this training equipped to: 

• Apply key principles of collective agreement interpretation; 
• Recognize when contextual evidence or past practice is relevant; and 
• Resolve interpretation disputes using recent case law and best practices.