Labor and Employment Law Commons^™

Re Canada Post Corp And Cpaa (Macmillan), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed June 29, 1999 and bearing the expiry date December 31, 2001, which the parties agreed applies here, and in particular of Article 6, in that the Grievor was discharged without just reasonable and sufficient cause. On behalf of the Grievor, the Union requested an order that the Grievor be reinstated on sick leave with any long-term disability benefits to which he was entitled effec­tive the day of his discharge but with no pay and no order that he return to work other than in a supervised environment.

Re Pepsi Bottling Group And Caw-Canada, Loc 1015 (Williams), Innis Christie

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Employee grievance dated September 27, 2000, alleging breach of Article 16 and all other relevant Articles of the Collective Agreement between the Employer and the predecessor Union, the United Steelworkers of America, Local 1015, signed April 23, 1999, which the parties agreed is the Collective Agreement for purposes of this matter, in that the Grievor's claim for short-term disability payments was disallowed by Maritime Life Assurance Company, the administrator/insurer of the Employer's "Flex" (or "Flexible") Benefits Plan.

Re Rk Macdonald Nursing Home Corp And Caw, Local 2107, Innis Christie

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The four Grievors were in receipt of Long Term Disability (LTD) benefits and also in receipt of Supplementary Health Expense Benefits under their Maritime Life Policy. The Grievors were terminated for innocent absenteeism. The LTD payments continued, but the supplementary benefits stopped because they were no longer employees.

Re Annapolis Valley Regional School Board And Nstu, Innis Christie

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The Employer failed to place the Grievor on "leave for injury on duty" with full salary after she became ill, allegedly as a result of workplace conditions which aggravated her asthma. The Union requests the Grievor be paid her full salary and benefits for the sick leave period and that all sick leave, used by her for this purpose, be restored. The issues are whether the Grievor's asthma and/or its aggravation was an "injury in the performance of her duties" and , if so, whether that injury prevented the Grievor from working. The Employer agrees the Grievor was ill, but …

Re Canada Post Corp And Cupw (105-95-00518), Innis Christie

Innis Christie Collection

There are six grievances. The Union alleges that the Employer breached the Collective Agreement by the assignment of duties without following the program of work established locally, changed some duties without meaningful consultation and did not ensure that employees assigned to coding duties were not required to code for entire shifts. The Union also requested that employees who had been improperly assigned be compensated.

The grievance fails. The Employer did not have temporary employees trained to code. This reduced the scheduling options. The lack of consultation was considered insignificant.

Re Canada Post Corp And Cupw (106-00-00003), Innis Christie

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This is an award respecting preliminary objections raised by the Employer on matters of timeliness and an assertion that the Arbitrator had already dealt with this matter in two other decisions.

The grievance fails. The Employer's right to object on the basis of timeliness is waived because the Employer dealt with the grievance on its merits, and did not otherwise indicate an objection on timeliness until the eve of the hearing. The Employer's objection based on previous judgement is rejected because the matter in question is one of retained jurisdiction.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The Union contends that the Employer breached the Agreement by depriving employees of a rest day off (RDO), and changing work schedules without the meaningful consultation required by the Agreement. Further, the Union states that the scheduling changes carried out should have fallen under provisions for bidding. The Union asks that the employees affected by compensated by payment of double time for the day in question. The Employer position is that in changing the schedule it had acted within its rights and in accordance with the Agreement, and that it had attempted to conduct meaningful consultations with the Union, and …

Re Canada Post Corp And Cupw (096-00-00172), Innis Christie

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Union grievances dated September 11, November 21 and December 12, 2000 on behalf of all employees at Letter Carrier Depots # 1 and #2 in Halifax and the Dartmouth Delivery Centre alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2000, in that the Employer violated Appendix D in that it failed to compensate letter carriers appropriately for delivering householder mail that had inserts which were not an integral part of the mailing piece.

Re Queens County Residential Services Inc And Cupe, Loc 3373 (White), Innis Christie

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Employee grievance dated February 15, 1999, alleging breach of Article 18.01 of the Collective Agreement between the Employer and the Union effective October 1, 1998 - March 31, 2002, in that the Employer did not credit the Grievor with service, and conse­quently vacation entitlement, during periods she was on maternity and parental leaves. The Union requested an order that the Grievor be credited with full service and vacation entitlement retroactively to her date of hire, June 5, 1990.

Re Canada Post Corp And Cupw (105-95-00491), Innis Christie

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The Union claims that the Employer has breached the Agreement by failing to complete forms to reflect waiting times for two motorized routes. In response to an internal grievance, the Employer stated that the Union was mistaken; that time was allotted for waiting.

The grievance fails. While it may be logical that waiting time should be structured into these routes since it is the norm, the clear words of the Carrier Route Measurement Manual indicate that there is no waiting time on relays, and the Arbitrator cannot override the manual. The Employer's response to the Union was certainly in error, …

Re Canada Post Corp And Cupw (105-95-00468), Innis Christie

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The Union claims that in the Employer's measurement of two "buddy" routes, values are missing. In response to the grievance, the Employer promised to add in the missing values, but the Union submits that no such adjustments have been made to the routes in issue, nor to others brought up with the Route Measurement Officers.

The Arbitrator awards that terms agreed upon by the parties shall be met, namely, that the Superintendent of Route Measurement shall re-run the data on three disputed routes. If any of the routes "busts" the Employer will make retroactive adjustments. If any route does not …

Re District Health Authority #8 And Nsnu, Innis Christie

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Union grievance dated June 27, 2000, alleging breach of Article 9.02(d) of the Collective Agreement between the Employer and the Union effective November 1, 1997 - October 31, 2000, in that after employees go on extended sick leave the Employer continues to reduce the sick leave credits in their sick leave banks by 100 per cent instead of 75 per cent for each hour they would otherwise have worked. The Union requested an order that sick leave credits reduced contrary to the Collective Agreement be restored to each employee's sick leave bank.

Re Nav Canada And Catca (Barnes), Innis Christie

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Union grievance on behalf of the Grievor alleging breach of the Collective Agreement between NAV Canada and the Canadian Air Traffic Control Association, signed September, 1999, effective to March 31, 2001, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Article 13, in that the Employer suspended the Grievor for one day without just cause.

Re Izaak Walton Killam Grace Health Centre For Children, Women And Families And Nsnu, Innis Christie

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Union grievance dated November 19, 1999, alleging breach of Articles 3, 4 and 8 of the Collective Agreement between the Employer and the Union effective November 1, 1997-October 31, 2000, in that the Employer failed to adjust the wages of Clinical Leaders at the site of the former IWK Hospital to the level of those of Clinical Resource Nurses at the site of the former Grace Maternity Hospital. The Union requested an order that the Clinical Leaders at the IWK site be paid retroactively from November 1, 1997 to August 31, 1998 at the level of the rates paid during …

Re Canada Post Corp And Cupw (078-00-00032), Innis Christie

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This is a policy grievance to determine whether the Employer may use temporary employees to cover extra absences on annual vacation that result from senior employees taking more than four consecutive weeks of vacation. The parties are agreed on the facts, and there is no extrinsic evidence to consider; the Arbitrator is asked to interpret the words of the Agreement and give effect to the intention of the parties.

The grievance fails. The Employer's interpretation is not inconsistent with other articles of the Agreement.

Re Canada Post Corp And Cupw (078-00-00025), Innis Christie

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The Grievor requested six days of leave to take care of her mother following surgery. Her supervisor assured her that there would be no difficulty obtaining those days, and encouraged her to apply for them after taking the time off, in case she should need to apply for more than the expected 6 days. When she returned to work and made the application, 5 of the days she requested were denied, on the grounds that the one day she was awarded and the two days of the weekend should have given her adequate time to find alternate care for her …

Re Canada Post Corp And Cupw (105-95-00438), Innis Christie

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The Union claims that in measuring routes in which the carrier stops the truck and walks in a loop up one side of the street and down the other, the Employer has missed distances on 56 or 57 routes. The Employer's position is that while the system in place does appear to under compensate in the case of loops, the values used in measuring routes are agreed values, and must be accepted.

The grievance fails. The Employer is measuring routes in the manner agreed upon, using accepted values. Whether those values may be appropriate is not a matter for the …

Re Canada Post Corp And Cupw (105-95-00435), Innis Christie

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The Union alleges that the Employer has breached the Agreement by failing to assign sortation values for sorting the "buddy's" parcels for all MMC routes in the city of Saint John. The Employer acknowledged that wrong values had been entered, as a result of clerical error, and undertook to make necessary corrections. It also stated that, as agreed upon with the Union, it had made time corrections to some routes to provide for equalization, though this had not been carried out for all routes.

The grievance succeeds in part. The Employer is directed to comply with its understanding with the …

Re Canada Post Corp And Cupw (105-95-00432), Innis Christie

Innis Christie Collection

The Union alleges a breach in the system the Employer has used to deal with bundles of "missorts" and specifically, in that the Employer provided inaccurate 050 forms for letter carrier and motorized mail carrier routes in Saint John. The Employer states that the passage used by the Union to support its allegation applies only to redirected mail, not to missorts.

The grievance fails. The Arbitrator is satisfied that the missorts were not incorrectly dealt with. The provision upon which the Union's argument depends does not apply to Saint John's unit.

Babin V Day & Ross Inc, Innis Christie

Innis Christie Collection

At the hearing before me the Complainant, Mark J. Babin, alleged that he was dismissed unjustly, contrary to sections 240-2 of the Canada Labour Code, by the Employer, Day and Ross Inc. with whom he had been employed since October 13, 1993. From that date to his termination on February 8, 2000, the Complainant was a driver for the Employer, a trucking company, working out of its Dartmouth depot. Counsel for the Employer took the position that the Complainant had "abandonned" his employment and that I am therefore without jurisdiction to deal with this matter. Alternatively, the Employer took …