Law Commons^™

Re Canada Post Corp And Cupw (Paris), Innis Christie

Innis Christie Collection

The Grievor was initially discharged for being absent without leave. After the first arbitration hearing the Grievor was reinstated with conditions; the same conditions were awarded after a second hearing. The Grievor has now been terminated for breach of one of those conditions - the need to seek immediate medical attention when absent from work due to illness. Although the Grievor became ill Sunday evening, the Union believed that by seeking medical attention on Monday the conditions of the previous Consent Award had been met.

Canadian Media Guild V Canadian Broadcasting Corp, Innis Christie

Innis Christie Collection

The Union alleged a breach of the Collective Agreement because the Employer was hiring a large number of temporary employees and not posting the positions as permanent vacancies. This preliminary hearing dealt with the question of who had the onus of proof. The Union believed that the Employer needed to provide that proof.

The preliminary objection fails. The Union must prove its case, but the Employer must disclose the needed information.

Re Canada Post Corp And Cupw (036-03-00022), Innis Christie

Innis Christie Collection

Union grievance, submitted on September 20, 2006, on behalf of all affected employees alleging breach of Article 39 05 (e) and (f) of the Collective Agreement between the parties bearing the expiry date January 31, 2007, in that the Employer failed to offer overtime hours as required by those provisions. The Union sought an order that the Employer pay damages to compensate the affected employees.

Re Canada Post Corp And Cupw (066-07-00001), Innis Christie

Innis Christie Collection

Union grievance, submitted on August 29, 2007, on behalf of all affected employees alleging breach of Articles 11,13 and 52 in that the Employer failed to fill a vacant RLC position. The Union sought an order that the Employer grant full redress to the employee who should have been given the RLC position.

Nlnu V Eastern Regional Integrated Health Authority, Innis Christie

Innis Christie Collection

This is a policy grievance regarding the Employer's Attendance Management Program. The Union does not believe some sections conform with the Collective Agreement. The Employer is willing to accept guidance if some aspect of the Program is inconsistent with the Agreement.

The grievance succeeds in part. The grievance is dismissed except that the Employer is directed to amend the written policy to reflect the manner in which the policy is actually applied. Jurisdiction is retained to assist with the implementation of the award, if needed.

Ufcw, Local 1288p V Maple Leaf Consumer Foods Moncton Ltd, Innis Christie

Innis Christie Collection

The Grievor was discharged for innocent absenteeism. The Union believes this was without just cause and that the Employer failed to sufficiently accommodate the Grievor. Reinstatement was initially requested as remedy, but the Grievor had found other employment and requested compensation instead.