Labor and Employment Law Commons^™

Nova Scotia Government Employees Association V Board Of Governors Of College Of Cape Breton, Innis Christie

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A COMPLAINT having been referred to the Labour Relations Board (Nova Scotia) by the Minister of Labour pursuant to Section 34 (1) of the Trade Union Act in which the Complainant alleged that the College violated Section 33 (a) by failing to made every reasonable effort to conclude and sign a Collective Agreement;

Re Maritime Employers Assoc And Halifax Longshoremen's Assoc, Ila Local 269, Innis Christie

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Employer Grievance alleging illegal work stoppage.

The facts

On Saturday, May 10, 1975, Halterm Limited ordered 14 men for the work period from 1800 to 0800 hours the following morning, to perform work on M/V "Columbus Australia". The order was for "a fourteen-man gang unit to perform heavy lifts", or words to that effect. Some evidence was led by both parties at the hearing with regard to the exact terminology of this order and there was consid­erable discussion of its significance. Although the point is undoubt­edly of importance to the parties, for the purpose of this grievance I do not …

Re National Harbours Board And Public Service Alliance Of Canada, Innis Christie, C Butler, J D. Merrigan

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Employee Grievance alleging unjust discharge.

AWARD:

Employee grievance alleging breach of a collective agree­ment between the parties dated August 15, 1973, in that the grievor was discharged without just cause because the "medical reasons" for his discharge are not supported by the evidence. At the hearing it was also argued on behalf of the grievor, that his grievance should be allowed because he did not receive fair notice of the grounds upon which his employ­ment was terminated. The grievor requests that he be rein­stated in his position as constable with the National Harbour Police, with full pay and benefits retroactive …

Commonwealth Construction Company Limited V United Association Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Innis Christie

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A COMPLAINT having been made to the Labour Relations Board (Nova Scotia) on March 28, 1973, pursuant to Section 49 of the Trade Union Act of Nova Scotia by Commonwealth Construction Company Limited, Calgary, Alberta, that on the twenty-sixth, twenty-seventh, and twenty-eighth days of March, 1973, a work stoppage occurred at the construction site of the Nova Scotia Power Commission's thermal plant expansion, Unit No. 2, Point Tupper, Richmond County, Nova Scotia, by cessation of work in violation of a collective agreement that is now in force between the Nova Scotia Power Commission on behalf of its subcontractors including the …

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

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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

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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 Steelworkers, Local 4820, And Haley Industries Ltd, Innis Christie, D M. Storey, D Churchhill-Smith

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Employee grievance alleging a breach of the collective agreement dated January 9, 1968, in that the company assigned overtime work taking inventory to an employee who did not normally perform such work rather than assigning it to the grievor who did normally perform such work. The grievor seeks compensation for twelve hours work at time and one-half.

Re International Association Of Machinists, Lodge 717, And Orenda Ltd, Innis Christie, D Wren, D G. Pyle

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Employee Grievance alleging failure by the company to provide weekly indemnity for non-occupational sickness.

The facts: On June 19, 1968, Mr. Garden, the grievor, went to Orenda's plant doctor for an examination. He was referred to his family doctor. That same day, and again on June 24th, he consulted Dr. W.K. Taylor who had been his doctor for some years. On June 25th, Dr. Taylor signed an "Attending Physician's Statement" for submission to the company in support of a claim by the grievor for weekly indemnity for non-occupational sickness. The statement noted under the heading "diagnosis" the following: "neurodermatitis both …

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

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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.

Re United Automobile Workers And Kelvinator Of Canada Ltd, Innis Christie

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The collective agreement provided that "only such time as is neces­sary will be consumed by [union committeemen] during working hours in order to attend to the processing of grievances". The grievor, a union committeeman, received the necessary permission to leave his work in order to assist in the formation of an employee's grievance, but was informed by management that it was not permitted actually to write up the grievance on company time. Held, by the sole arbitrator, "processing of grievances" included getting a grievance into writing where necessary. If a committeeman were to abuse his right, then the company had …

Re United Food Processors Union, Local 483 And Canada Starch Co (Mckay), Innis Christie, D L. Guthrie, George Barron

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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

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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

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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

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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 Int'l Union Of Electrical Workers, Local 510, And Phillips Cables Ltd, Innis Christie, D M. Storey, J J. Cowan

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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 Stereotypers & Electrotypers Union Local 50 And The Ottawa Citizen, Innis Christie, S E. Dinsdale, Larry Sheffe

Innis Christie Collection

This grievance, pursuant to the Collective Agreement between the parties effective July 1, 1966 to December 31, 1968, alleges that the Company has failed to pay the proper rate of overtime for certain work done on the night of June 26-27, 1967 and requests that the employees involved be compensated.

Collective Bargaining In Canada, Innis Christie

Innis Christie Collection

The small body of Canadian legal literature is greatly strengthened by the publication of Dean Carrothers' major work. Students and teachers of labour law and practitioners in the field have found Collective Bargaining Law in Canada to be a most welcome addition to the author's already extensive writing in the field.

Re United Steelworkers Of America, Local 4444, And Stanley Steel Co Ltd (Hamilton Plant), Innis Christie, W Stetson, E J. Orsini

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The company assigned non-bargaining unit employees to the tasks involved with inventory taking. The collective agreement provided that

"Supervisors will not do work ordinarily performed by bargain­ing unit employees, except —

(a) Instruction and training of employees.

(b) Emergency work necessary to maintain an uninterrupted flow of production."

Held, by a majority of the board of arbitration, W. Stetson dissenting, the grievance was dismissed. Inventory taking is not "work ordinarily performed by bargaining unit employees". While some of the regular operations of the grieving bargaining unit employees may have been performed incidentally to the inventory taking, this does not …

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

Innis Christie Collection

While the grievor received sickness and accident benefits during an absence from work due to injury, the company terminated his "Green Shield" coverage. The collective agreement provided that "In the event of a lay-off, strike, leave of absence, or any interruption of employment for reasons other than sickness and accident, all insur­ances shall be continued in force for one month following the last day of the month...".The same article also provided that in the event of absence due to sickness, certain listed benefits would be continued for a specified period. Green Shield coverage was not listed. In a separate provision …

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

Innis Christie Collection

The company's policy was to not post job vacancies occurring in a certain group of jobs. In addition, the company did not in certain instances post job descriptions. The collective agreement provided that "When a job vacancy occurs in the bargaining unit, the company will post a notice on the bulletin board setting forth a description of the job". The collective agreement then went on to provide for a job bidding system. The union grieved. Held, the grievance was allowed. The company alleged that the relevant provision of the collective agreement was ambiguous and that it must be interpreted …

Re United Brewery Workers, Local 800, And Loblaw Groceterias Co Ltd, Innis Christie

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Union Grievance seeking interpretation of seniority provisions of collective agreement.

The facts:

Except in the matter of past practice the facts are not in dispute. In January, 1967, the company placed George McKinnon in the positions of receiver in the grocery department of their store at 720 Oullette Avenue, Windsor, Ontario. Mr. McKinnon was first employed by the company in the Autumn of 1932. From 1932 until 1938 he held various jobs which would now be performed by members of the bargaining unit for which the union is bargaining agent. This fact was not disputed by counsel for the union. …

Re Int'l Moulders Union And Jamaica Mfg (Canada) Ltd, Innis Christie, D Wren, S H. Hartt

Innis Christie Collection

The facts essential to the settlement of this grievance do not appear to be in dispute. Employees of the company are paid an hourly base rate, as set out in the schedule to the collective agreement, plus incentive pay. The incentive system operates. wholly outside the agreement except for references in art. 10 (c), which is quoted below, and upon which this grievance is based. There are several indirect references to the incentive scheme in the "Wage Schedule and Classifications" appended to the agreement. The references in the schedule do no more than testify to the existence of the incentive …

Re United Cork Linoleum & Plastic Workers, Local 380, And Union Carbide Canada Ltd, Innis Christie, G Brooks, C W. Vanwinsen

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Employee Grievance claiming improper application of seniority provisions.

The issues in this case are therefore:

Where the company has the right under the collective agreement to deny promotion to the grievor, who is the senior man, on the ground that he does not satisfy educational qualifications unilaterally prescribed by the company.

If the company is successful in issue, can it be said that the grievor does not in fact have the qualifications prescribed by the company in this case.