Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White
Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White
Innis Christie Collection
Employee Grievance seeking compensation for loss of wages due to unjust discharge.
The broad issue before us is whether the company is liable to compensate the grievor for wages lost during the whole period of six weeks for which he was unemployed. The general principle, stated at the end of our award on the merits in this matter, is that the grievor must have taken all reasonable steps to minimize his loss. The company pressed the argument that not only the grievor but the union as well must have taken all reasonable steps to minimize the grievor's loss. This board …
Re United Food Processors Union, Local 483 And Canada Starch Co (Mckay), Innis Christie, D L. Guthrie, George Barron
Re United Food Processors Union, Local 483 And Canada Starch Co (Mckay), Innis Christie, D L. Guthrie, George Barron
Innis Christie Collection
Employee grievances, pursuant to the Collective Agreement between the parties effective May 28, 1967, alleging improper assignment of work to a probationary employee and requesting payment of overtime. It was agreed by the parties that the result in the McKay grievance would be accepted as governing the two McLaughlin grievances.
Re Ass'n Of Radio & Television Employees And Canadian Broadcasting Corp, Innis Christie, M L. Levinson, J W. Healy
Re Ass'n Of Radio & Television Employees And Canadian Broadcasting Corp, Innis Christie, M L. Levinson, J W. Healy
Innis Christie Collection
Employee Grievance alleging unjust discharge.
Award (in part)
It is widely accepted by labour arbitration boards in Ontario that the onus of proving "just cause" is on the company in dismissal cases, where the collective agreement contains the usual provision and there is no practice to the contrary clearly established between the parties. See for example Re Int'l Ass'n of Machinists, Local 749, and Timken Roller Bearing Co. (1952), 4 L.A.C. 1262 (E.W. Cross, C.C.J., chairman); Re United Brewery Workers and Dow Kingsbeer Brewery Ltd. (1958), 8 L.A.C.198 (B. Laskin, chairman), and Re U.E.W., Local 504, and Canadian …
Re United Food Processors Union, Local 483 And Canada Starch Co (Buker), Innis Christie, J L. Mcdougall, George Barron
Re United Food Processors Union, Local 483 And Canada Starch Co (Buker), Innis Christie, J L. Mcdougall, George Barron
Innis Christie Collection
Employee grievance, pursuant to the Collective Agreement between the parties effective May 28, 1967, alleging improper assignment of work and requesting call-back pay of 4 hours at the regular rate of pay.
Re United Brewery Workers, Local 173, And Carling Breweries Ltd, Innis Christie
Re United Brewery Workers, Local 173, And Carling Breweries Ltd, Innis Christie
Innis Christie Collection
Employee Grievance requesting assignment to vacant job.
The facts:
This grievance arises because the job of fork-lift truck mechanic was given to Lloyd LaCombe who had less seniority than does the grievor William Reidel. LaCombe was and is classified as a mechanic "B". Reidel is an oiler. John Futter, who had been the fork-lift truck mechanic for 11 years before he quit, was classified as a mechanic "B". The job is a desirable one because it is a steady day job.
Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White
Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White
Innis Christie Collection
The grievor, an employee in the construction industry, was discharged for "loafing". Warnings given by the field superintendent and the general foreman had not been passed down to him by the working foreman, and the privilege of taking "smoke breaks" was "flexible". The agreement provided that an employee could be discharged "for cause". The majority of the board, A.A. White, dissenting, held, even if the requirements of "cause" in the construction agreement were considerably lower than the requirements of "just cause" common in general industrial situations, "cause" for dismissal was not established here. In the construction industry, where foremen …
Re Int'l Union Of Electrical Workers, Local 510, And Phillips Cables Ltd, Innis Christie, D M. Storey, J J. Cowan
Re Int'l Union Of Electrical Workers, Local 510, And Phillips Cables Ltd, Innis Christie, D M. Storey, J J. Cowan
Innis Christie Collection
Employee Grievance alleging improper lay-off.
The facts:
A statement of the facts upon which this grievance arose has been agreed to by the parties.
At approximately 3:30 p.m. on October 5, 1967, a power interruption cut off the supply of water to a portion of the company's Brockville plant and the company was informed that this situation was not likely to be corrected before morning. The company therefore, at 6 p.m. on October 5, 1967, sent home four tuber operators whose machines were affected by reduced air pressure. These operators were the grievors John Link, W. Skelton, James Donaghue and …
Re Int'l Ass'n Of Machinists And Gabriel Of Canada Ltd, Innis Christie, M Tate, J W. Healy
Re Int'l Ass'n Of Machinists And Gabriel Of Canada Ltd, Innis Christie, M Tate, J W. Healy
Innis Christie Collection
Employee Grievance alleging improper demotion. Only the portions of the award dealing with a preliminary objection are published.
Preliminary objection:
On a preliminary objection Mr. Williamson argued that there was no basis under the collective agreement upon which this board of arbitration could interfere with the company's decision to demote the grievor for lack of skill and ability. Article 3, it was argued, puts the matter entirely in the hands of the company.