Labor and Employment Law Commons^™

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

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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 …

Re St Vincent's Guest House And Cupe, Loc 1082, Innis Christie, M Tynes, Donald H. Mcdougall

Innis Christie Collection

The union alleges that the employer breached the collective agreement between the parties effective January 1, 1989 to December 31, 1990, and in particular art. 13.01, Seniority. The union requests that the grievor be granted the position in question and compensated for any lost income which resulted from the alleged breach.

Re Canada Post Corp And Canadian Union Of Postal Workers (Mcsweeney), Innis Christie

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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 Association Of Postal Officials Of Canada, Innis Christie

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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 Lcuc (Merlin), Innis Christie

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Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. on behalf of the grievor the Union requested that he be reinstated without any loss of pay and be sent a letter of apology.

Lcuc V Canada Post Corp, Innis Christie

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Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. On behalf of the grievor the Union requested that he be reinstated without any loss of pay and that the letter of discipline be withdrawn from his file. A letter of apology was also requested.

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

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Employee 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 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. on behalf of the grievor the Union requested that he be reinstated to his former position without loss of rights, benefits or earnings and that all reports, letters or documents relating to this matter be removed from …

Re Canada Post Corp And Canadian Union Of Postal Workers, Innis Christie

Innis Christie Collection

Employee 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 expires September 30, 1985, in that the Employer discharged the grievor for excessive absenteeism without just, reasonable and sufficient cause. On behalf of the grievor the Union requested that she be reinstated in her former position without loss of wages, earnings, benefits or rights and that all reports, letters and documents relating to the discharge be removed from her personal file.

Re Canada Post Corp And Canadian Union Of Postal Workers (Arsenault), Innis Christie

Innis Christie Collection

Employee 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 expires September 30, 1986, in that the Employer discharged the grievor for excessive absenteeism without just, reasonable and sufficient cause. on behalf of the grievor the Union requested that he be reinstated in his former position without loss of wages, earnings, benefits or rights and that all reports, letters and documents relating to the discharge be removed from his personal file.

Re Government Of Nova Scotia And Nova Scotia Government Employees Association, Innis Christie

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Employee Grievance alleging improper denial of leave of absence for union business. Grievance allowed.

In late August of 1982 the grievor, Jane Cainey, a pay-roll clerk in the Department of Finance, applied through the union office for leave without pay from September 28, 1982 to October 1, 1982 inclusive, to attend the annual convention of the Nova Scotia Federation of Labour.

Re Island Telephone Co Ltd And International Brotherhood Of Electrical Workers, Local 1030, Innis Christie

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Employee Grievance alleging improper denial of promotion. Grievance dismissed.

The parties agreed at the outset of the hearing in this matter that I was properly appointed under the collective agreement and that any time-limits were waived. There were no jurisdictional objections. Since the grievor here seeks the assignment to him of a job which he alleges was improperly awarded to another employee it must be noted that that other employee, Rodney MacLean, was advised of these proceedings by the company and chose not to attend or be represented individually.

Re Campbellton (City Of) And Canadian Union Of Public Employees, Local 76, Innis Christie, H Harvey, D Cochrane

Innis Christie Collection

We are concerned in this interim award with the legal questions of whether this board of arbitration is properly constituted and whether we have jurisdiction to deal with the grievances before us. At this stage we are not concerned with whether or not the dismissal of the grievors by the employer was just and reasonable. Indeed, we do not have before us evidence of the facts on the basis of which any decision on that ultimately important issue will have to be made. The only facts which concern us now are those which are necessary for the legal decision we …

Re Andres Wines (Bc) Ltd And United Brewery Workers, Local 300, Innis Christie

Innis Christie Collection

Employee Grievance relating to long-term disability payments.

At the outset of the hearing counsel agreed that I am properly seised of this matter and could proceed as a single arbitrator notwithstanding the fact that art. IX, s. 4, Step 4 of the collective agreement calls for an arbitration board. It was agreed that any objection to a failure to comply with the requirements of the collective agreement in respect of my selection and proceeding as a single arbitrator would be waived.

Re York Farms Ltd, Sardis And Canadian Food And Allied Workers, Local P430, Innis Christie, J Wells, A Hamilton

Innis Christie Collection

Employee Grievance alleging unjust suspension.

Counsel agreed at the outset of the hearing that the board was properly constituted and seised of this matter. It was also agreed by counsel that management would not introduce evidence of the grievor's work record on the understanding that if the board concluded that there was just cause for any discipline there would be no reduction in the three-day suspension.

Re Utah Mines Ltd And International Union Of Operating Engineers, Local 115, Innis Christie

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Employee Grievance relating to holiday pay.

The parties agreed that at all relevant times the grievor, Daniel Richard, was a warehouseman — first aid man, working in the warehouse operation. His birthday fell on September 2, 1980. He started work on August 9, 1979. In that year Labour Day fell on September 2nd and he worked on Labour Day so that in accordance with the collective agreement the following day, September 3rd, was considered to be his birthday holiday. He worked that day as well. On September 3, 1979, the grievor was scheduled to work and did work on the …

Re Pacific Western Airlines Ltd And Canadian Airline Employees' Association, Innis Christie

Innis Christie Collection

Employee Grievance alleging unjust discipline.

In issue here is the requirement in the company's deportment and grooming rules that its male traffic agents and ramp service agents I wear only black belts and that its traffic agents, both male and female, wear only black shoes. Specifically, the relevant provisions of the company's "Passenger Services Manual" provide for all relevant categories of employee: "Belt — black, individual's choice of supplier"; for male traffic agents: "Shoes — black, leather, conservative styling. Individual's choice of supplier. No platform. Heel must not exceed 5 cms. with a preferred sole of 1 cm.", and for …

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Employee Grievance alleging unjust discharge.

On October 13, 1977, the grievor, Brian Risdon, was demoted from the position of chief plumbing inspector for the City of Toronto, which he had held since January 23, 1970, to plumbing inspector. On October 14, 1977, he was discharged. The evidence is that prior to the events which gave rise to this demotion and then discharge the grievor had never been disciplined, or even criticized by his superiors in the department of buildings of the City of Toronto, for the way he did his job.

Re Dartmouth (City Of) And Dartmouth Police Association, Local 101, Innis Christie, Charles A. Macdougall, Matthew J. Mcpherson

Innis Christie Collection

Employee Grievance alleging improper refusal of leave of absence in lieu of statutory holiday.

There was no dispute about any of the essential facts. The practice in the Dartmouth Police Department is for a leave calendar to be circulated at the start of each year. Each man writes in his preferred vacation leave in accordance with an order of priorities not here in issue. Thereafter as requests are made and granted for leave for statutory holidays, time off in lieu of overtime and compassionate leave and as members of the department go on training courses, those facts are noted on …

Re The Queen In Right Of The Province Of Nova Scotia And Nova Scotia Government Employees Association, Innis Christie

Innis Christie Collection

The Deputy Minister's letter of July 5th appears to specify as bases for the discipline here in issue:

1. that the grievor's consulting work with the developer was contrary to the chief engineer's memorandum of February 28, 1977;
2. that accepting employment which led to (public) criticism of departmental policies and fellow employees involved "a conflict of interest"; and
3. that the grievor's letter of February 8th constituted public criticism of department policies.

Re Nova Scotia (Civil Service Commission) And Nova Scotia Government Employees Association, Innis Christie

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Employee grievance under the collective agreement between the parties for the Professional and Administrative Classification and Pay Plan Group, which expired April 21, 1979, seeking a dec­laration that there is no indebtedness on the part of the grievor to the employer for educational leave assistance and a direction that the employer pay to the grievor all money in her superannuation account.

Re Air Canada And Canadian Airline Flight Attendants Association, Innis Christie

Innis Christie Collection

Grievance over unjust discharge. The grievor was a flight attendant. The grievor was terminated on the last day of her six month probationary period. Being on probation, no grounds needed to be given but the letter discharging her said that she had been found performing below acceptable standards on three (in-flight performance, grooming and attendance) of the four (additionally, personal conduct) categories of evaluation. The union argued that there were other criteria which had set the grievor down as a "marked person" which had nothing to do with the four categories. The union also argued that the grievor was not …

Re Air Canada And International Association Of Machinists And Aerospace Workers, Innis Christie

Innis Christie Collection

Employee Grievance alleging unjust discharge.

Facts

The grievor, Darvill Hamshaw, has been employed by Air Can­ada since August 18, 1973. Until the events which are the subject-matter of these proceedings his record was without blemish. At rel­evant times he was working as a station attendant in the baggage delivery area, off-loading the baggage carts on which passenger luggage is carried from incoming aircraft. On September 22, 1977, the grievor received written notice from B. K. Jensen, aircraft services manager at the Halifax Airport, that he was suspended pending dismissal because of pilferage from a piece of passenger luggage which had …

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

Innis Christie Collection

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 …

Re United Steelworkers And Vulcan Containers (Canada) Ltd, Innis Christie, C Gareau, N E. Wrycraft

Innis Christie Collection

Employee Discharge alleging unjust discharge. Determination of quantum of damages.

AWARD:

In an award dated November 21, 1969, this board ordered the grievor to be reinstated in employment with compensation for loss of income except for wages she would have received in the first two weeks following her discharge by the company. Mr. Wrycraft dissented. The majority award stated that the grievor was subject to a duty to mitigate her losses so that any actual earnings and an amount equal to any earnings that she could have had if she had made a reasonable and prudent effort to find other …

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

Innis Christie Collection

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 United Electrical Workers, Local 523, And Welland Forge Ltd, Innis Christie, S Bullock, E J. Orsini

Innis Christie Collection

Employee Grievance alleging failure to pay full pay for certain holidays.

The facts:

There was no real dispute between the parties about the facts. I should perhaps note at the outset that in its written statement of facts submitted to the board the union treats both grievances as relating to the July 1st holiday. The com-pany's statement of facts, on the other hand, treats McHarg's grievance as relating to the August 4th holiday. McHarg's grievance form itself does not indicate to which holiday it relates. He was sick for both of them and it is a reasonable inference that his …

Re Textile Workers Union And Lady Galt Towels Ltd, Innis Christie

Innis Christie Collection

Employee Grievance alleging improper filling of posted vacancy.

The issues: The first issue is: under this collective agreement, who determines whether the employees have "relatively equal qualifications"? Second, what is the meaning of the phrase "relatively equal" qualifications? Third, who bears the onus of proving that qualifications were or were not relatively equal? Fourth, what are the qualifications required for the job here in question? Fifth, and finally, were the grievor's qualifications "relatively equal" to those of the employee who got the job?

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

Innis Christie Collection

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 …