Incompetence vs. Culpable Non-Performance: The Canadien Arbitration and Adjudication Experience
Bibliographic record
Abstract
Inadequate work performance and incompetence have often been considered by labour arbitrators in Canada within the context of promotion, demotion and transfer cases. However, during the Iast decade these issues have frequently arisen as the primary issues in discipline and discharge cases as well. This paper will begin with a discussion of the legal issues which arise when dealing with performance and incompetence. The following section will set out the data compiled from arbitration awards related to these areas. The next section will set out similar data from adjudication awards in the Federal section. The data from the preceding sections will be analyzed and the paper will conclude with a discussion of the policy implications of the conclusions drawn from the legal issues and the data analyses.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.020 | 0.048 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.003 | 0.008 |
| Science and technology studies | 0.043 | 0.046 |
| Scholarly communication | 0.023 | 0.007 |
| Open science | 0.002 | 0.009 |
| Research integrity | 0.006 | 0.007 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".