Labor and Employment Law Commons^™

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Preliminary Issues involving intervention in hearing, scope of available remedies and joinder of grievances.

National union grievance dated December 30, 1991, alleging breach of the collective agreement between the parties bearing the expiry date 31-07-89, but kept in effect by force of legislation, and in particular of arts. 11, 12 and 13, in that the employer designated certain wicket positions as bilingual without justifying, for each position, the need for this change and without regard to the staffing requirements of the collective agreement. The union requests a declaration that this action by the employer was in breach of the collective …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties dated July 31, 1992, and in particular of Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the Grievor be reinstated and granted full redress.

Re Canada Post Corp And Cupw (030-02-00037), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Article 33 in that there are not stools for each case used for sorting short and long letter mail in the Charlottetown Main Post Office, and some of the existing stools are in poor condition. The Union requested an order that the Employer provide a proper complement of stools.

Re Canada Post Corp And Cupw (030-02-00040), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Article 33 in that the Employer failed to maintain a clean an healthy working environment. The work area and washrooms were allegedly in an unsanitary condition and garbage bags were allegedly not being changed on a regular basis. The Union requested an order that the Employer recognize its primary responsibility in this area, carry out an investigation in the presence of a Union representative and provide a report to the Union.

Re Canada Post Corp And Cupw (129-92-00006), Innis Christie

Innis Christie Collection

Union grievance on behalf of all regular employees in group 1 working at the Summerside Post Office, alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Articles 14, 15, 17 and 39 in that on December 6 and 13, 1992 they were bypassed for overtime on their day of rest while two casual employees worked during a high mail volume situation.

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Articles 15, 17 and 39 in that the grievors were bypassed for overtime while a casual employee worked.

Re Canada Post Corp And Cupw (129-92-00007), Innis Christie

Innis Christie Collection

Union grievance on behalf of all regular employees in group 2 working at the Summerside Post Office, alleging breach of the Collective Agreement between the parties bearing the date July 31, 1992, and in particular of Article 19 in that on December 19, 1992 the Employer introduced the 1993/4 annual leave schedule blocking off certain weeks from the selection/bidding process. Alternatively, the Union alleges breach of the equivalent provisions in predecessor Collective Agreement.

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the expiry date 31-07-89 but kept in force by legislation, and in particular of Article 20, in that the Grievor was improperly denied sick leave. The Union requested the improperly denied sick leave be reinstated.

Memorial University Of Newfoundland Faculty Association V Memorial University Of Newfoundland, Innis Christie, Rick Mcgaw, Gerard Mcdonald

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the period April 1, 1988 - March 31, 1991 in that the Employer is in violation of Article 16 and other relevant articles in not paying Academic Staff Members at their Y-value (salary scale placement) as revised by the Salary Parity Committee. The Union requests compensation for all members who have not been paid in accordance with the Collective Agreement.

At the outset of the hearings prior to the preliminary award in this matter counsel for the parties agree that this arbitration board is properly constituted and properly …

Re Canada Post Corp And Cupw (105-88-00646), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the expiry date 31-07-89 but kept in force by legislation, and in particular of Article 11.07, in that the Grievor was wrongly refused modified duties and forced to go on sick leave. The Union requests an order that the Grievor be returned to work in accordance with Article 11.07 and that he be granted full redress for all lost rights earnings and benefits, including sick leave credits.

Re Memorial University Of Newfoundland And Memorial University Of Newfoundland Faculty Assn, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in that the Employer is in violation of Article 16 and other relevant articles in not paying Academic Staff Members at their Y-value (salary scale placement) as revised by the Salary Parity Committee. The Union requests compensation for all members of the Union who have not been paid in accordance with the Collective Agreement. At the outset of the hearings in this matter counsel for the parties agreed that this arbitration board is properly constituted and properly seized of this matter, and should remain seized after the issue of …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-supervisory): Internal Mail Processing and Complementary Postal Services, which expired July 31, 1989 and remains in force pursuant to the Canada Labour Code, and in particular of Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings, and that all reports, letters and documents relating to this matter be removed from his personal file.

Re Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in effect from April 1, 1988 to March 31, 1991 in that the Employer failed to act in accordance with Appendix F, Article 1.5.1 and other articles of the Collective Agreement which are alleged to apply to the grievor.

At the commencement of the hearing counsel agreed that I am properly seized of this matter and that I should remain seized after the issue of this award to deal with any matters arising from its application. They also agreed to waive any time limits, either pre-hearing or post-hearing, in …

Re Canada Post Corp And Cupw (N008800005), Innis Christie

Innis Christie Collection

National Union Grievance alleging violation of Article 14.12 of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, bearing the expiration date, July 31, 1989, in that the Employer has not "minimized" evening and night work and has not studied the organization of its operations to review evening and night work, taking into account service levels, costs and other relevant factors. The Union requested a declaration that there had been a breach of Article 14.12, an order that the Employer move as much as work as possible from the evening …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (NonSupervisory): Internal Mail Processing and Complementary Postal Services, which expired December 31, 1982 but was extended to September 20, 1984 by Bill C-124, and in particular of Article 33, in that the Employer failed to provide safety footwear to casual employees in the same fashion as it had been provided to regular employees. The Union requested that I declare that the Collective Agreement applied to casual employees in this respect, direct that they be provided with safety footwear and that those who should have …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and compensated for all lost rights, benefits and earnings and that all reports, letters and documents relating to this discharge be removed from his personal file.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Appendix "P" of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86, in that the Employer failed to implement the provisions of Appendix "P" by creating jobs and expanding services in C.U.P.W. staffed outlets. The Union requested an order that the Employer comply with Appendix "P" and, specifically, that the Employer provide the Union with the results …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Appendix "P" of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86, in that the Employer failed to implement the provisions of Appendix "P" by creating jobs and expanding services in C.U.P.W. staffed outlets. The Union requested an order that the Employer comply with Appendix "P" and, specifically, that the Employer provide the Union with the results …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987 and in particular Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings and that all reports, letters or documents relating to this matter be removed from his personal file.

Re Canada Post Corp And Canadian Union Of Postal Workers (Halifax Franchise Grievance), Innis Christie

Innis Christie Collection

Union Grievance alleging improper contracting out. Grievance allowed.

National union grievance alleging violation of art. 39.08 of the collective agreement between the parties for the Postal Opera­tions Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, S. C. 1987, c. 40, Bill C-86, in that the employer opened a franchised dealership without holding constructive consultation with the union. The union requested an order that the employer be directed to discontinue the offering of new services through …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non- Supervisory) : Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986 and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular that the Employer breached Articles 19.14 and 19.15 by changing certain annual leave practices in Moncton. The Union requests an order that the Employer revert to previous practice.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Articles 13.15 and 39.08 of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory). Internal Mail Processing and Complementary Postal Services, signed April 2, 1985 and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86. The Union requested an order that the Employer be directed to withdraw from franchise agreements allegedly made in breach of the Collective Agreement to engage in constructive consultations and to provide certain specified information, and for damages, both in its own right and …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986 and remained in force pursuant to the extention provisions of the Canada Labour Code, and in particular Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings and that all reports, letters and documents relating to this matter be removed from her personal …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging that the Employer violated the Collective Agreement between the parties with respect to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expires September 30, 1986, and in particular Article 15 in that the Employer by-passed the grievor in the administration of equal opportunity for overtime.

Re Burrard Yarrows Corporation, Vancouver Division, And International Brotherhood Of Painters, Local 138, Innis Christie, C Mcintosh, W Yule

Innis Christie Collection

Union Grievance alleging improper contracting out.

The union which is the grievor here is one of 11 unions signatory to the collective agreement with Burrard Yarrows Corporation — Vancouver Division. As an industrial collective agreement this poly-party agreement is somewhat unusual in that it provides for a form of closed shop union security with a role for the union hiring hall. At the same time it makes provision for seniority.

Re Board Of School Trustees, School District No 70 (Alberni) And Canadian Union Of Public Employees, Local 727, Innis Christie, M Mearns, S Tzogeoff

Innis Christie Collection

Union Grievance relating to employment of part-time employees.

This arbitration arises out of the implementation by the employer of "Program Chance", the thrust of which is explained in the following excerpts from a schools department circular dated April 21, 1980:

Re Eastern Provincial Airways (1963) Ltd And Canadian Airline Employees' Association, Innis Christie

Innis Christie Collection

Union Grievance alleging improper filling of job vacancy.

In the summer of 1978, Watters and Miller, traffic agents in Saint John, New Brunswick, applied for inter-base transfers to Montreal. That autumn a permanent vacancy occurred for which both Ms. Miller and Mr. Watters met all requirements except, possibly, the language requirement. Both were given a "test" by the employer and, in the result, neither was given the transfer re-quested. According to Watters' testimony, Ms. Miller initiated the grievance now before me but, as Watters put it, "it was explained to her [presumably by the union] that it would go in …

Re Bakery And Confectionery Workers' International Union, Local 322, And Canada Bread Co Ltd, Innis Christie, W Jewers, R Filion

Innis Christie Collection

Union Grievance alleging violation of a supplementary agreement concerning shift rotation.

The Facts:

With the implementation of the collective agreement of 1968, which preceded the present agreement, the company introduced in the shipping department a system which involved some rotation of shifts. That system is no longer in effect, and there is some uncertainty just when it ceased. It is agreed, however, that early in 1970 the company lost a major customer. That customer was last served on Saturday, February 28th, and a substantial lay-off followed immediately. On Sun-day, March 8th, the company's employees went on a legal strike, and …

Re United Automobile Workers, Local 673, And Douglas Aircraft Co Of Canada Ltd, Innis Christie

Innis Christie Collection

Union Grievance alleging that the company had violated the collective agreement by promoting certain employees outside the bargaining unit.

The Facts:

In art. 1 of the collective agreement the company recognizes the union as sole bargaining agent on behalf of its office and clerical employees, subject to a long list of exclusions which includes "secretaries to department managers and above". This arbitration arises from the fact that the company effected a reorganization at the start of 1970 by which, in company terms, the procurement department became the sub-division of procurement and material "headed by a director who ad­ministers five different …

Re United Automobile Workers, Local 195, And Bendix-Eclipse Of Canada Ltd, Innis Christie

Innis Christie Collection

Union Grievance alleging failure by the company to provide medical insurance coverage in accordance with collective agreement.

Award:

Union grievance, pursuant to the collective agreement be­tween the parties dated August 7, 1968, alleging failure by the company to provide medical insurance coverage in accordance with art. 34:02 of the collective agreement.