Labor and Employment Law Commons^™

Faculty Association Of The University Of St Thomas V St Thomas University, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties for the period July 1, 1994 to June 30, 1997, which counsel agreed governs this matter, in that the University refused to acknowledge that the Grievor was on sick leave for the period in issue. The grievance requested a declaration mat the Grievor was on sick leave for that period. At the start of the hearing the parties agreed that I am properly seized of this matter, that I should remain seized after the issue of this award to deal with all issues arising directly from its application and …

Re Maritime Telegraph And Telephone Co And Ac & Twu, Innis Christie

Innis Christie Collection

Preliminary award concerning arbitrability. Preliminary objection upheld in part.

Union grievance alleging breach of the collective agreement between the parties for the periods November 1 (plant workers), November 15 (operator services) and December 27 (clerical workers), 1992 to October 28, 1995, which counsel agreed was to govern this matter, in that the employer's voluntary separation offer effective May 31, 1994, was unfair and unreasonable and discrimi­nated on the basis of sex, contrary to arts. 2.1 and 4.3. Counsel for the employer made a preliminary objection to my jurisdiction to deal with the voluntary separation offer on either of those grounds.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The Union alleges that the Employer designated certain wicket positions as "bilingual imperative" without regard to the staffing requirements of the Collective Agreement. The Employer claims that this action was required according to official recommendations by the Commissioner of Official Languages, acting under the Official Languages Act. Employees being promoted to, or transferred into, designated wicket positions must be bilingual. The Union argues that the Employer is bound to assign positions on the basis of seniority under the Collective Agreement. Their position is that the Commissioner's recommendations do not have the force of law and the Employer is able to …

Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott

Innis Christie Collection

This is the determination of an Arbitration Committee established to hear and determine whether or not the grounds for the President's recommendation for the dismissal of Lucinda Vandervort, a tenured Associate Professor, are established and, if established, whether or not they constitute good and sufficient cause for dismissal. The Committee has already issued an interim decision that, even if established, the grounds for the President's recommendation for dismissal do not constitute good and sufficient cause for dismissal and Professor Vandervort has been fully reinstated pending this determination. We advised the parties of our conclusion to that effect after the University …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The main issue before me here is whether the new dress code implemented by the Employer April 5, 1992, for uniformed employees, was within the power of the Employer in so far as it provides: The wearing of tags, buttons, stickers and other insignia is not permitted unless prior approval of the Corporation is obtained.

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 Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie, John Staple, Charles S. Rennie

Innis Christie Collection

Individual grievances alleging breach of the Collective Agreement between the parties for the period April 1, 1988 - March 31, 1991 in that the Employer violated Article 1.5.1 and other relevant articles in denying the Grievors leave without pay for the purpose of working in the school system to become eligible to get pensionable service credit, and in denying them the right to transfer pensionable service purchased by them into the Teachers' Pension Plan when they were employed by the Employer.

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 (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 (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 University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Susie Scott

Innis Christie Collection

On behalf of Professor Vandervort, The Association, pursuant to article 31.5.5 of the 1991-2 Collective Agreement, contests the President’s recommendation to the Board of Governors that she be dismissed, on the ground that reasons for dismissal do not exist.

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.

Re Tcc Bottling Ltd And Retail, Wholesale & Department Store Union, Local 1065, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the collective agreement between the parties dated March 26, 1992, which counsel agreed was to govern this matter, and in particular of arts. 8 and 21 in that, for non-disciplinary reasons, the employer wrongly refused to allow the grievor to return to work after absence due to illness. The grievance requests "full redress".

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

Innis Christie Collection

The grievances which are the subject of this arbitration were filed under the Postal Services Continuation Act, 1991, S.C. 1991, c. 35, which was passed to bring an end to the postal strike of August and September, 1991. The Act directed the employer to continue or resume postal operations, required every employee to continue or resume the duties of his or her employment, extended the relevant collective agreements to July 31, 1993, and provided for the amendment and revision of the collective agreements by compulsory arbitration. Excepted from period of statutory exten­sion of the collective agreements was the period …

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 Canadian Union Of Postal Workers (Mcsweeney), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the collective agreement between the employer and the Letter Carriers Union of Canada bearing the expiry date July 31, 1989, in that the employer terminated the grievor contrary to para. 6 of app. "K" without just cause. The union requests that the grievor be returned to the eligibility list for term employees with the right to exercise his seniority in accordance with app. "K".

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 Association Of Postal Officials Of Canada, Innis Christie

Innis Christie Collection

Employee grievance alleging discharge without Just cause contrary to the Collective Agreement between the parties bearing expiry date December 31, 1986 but which, counsel agreed, had been extended and applies to this matter. The Union requested that the grievor be reinstated and reimbursed for all lost pay and benefits and that all documents relating to the discharge be removed from his personal file. At the outset of the hearing the parties agreed that I was properly seized of this matter and should remain seized after the issue of this award to hear evidence relating to the quantum of compensation, if …

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.