Law Commons^™

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

Innis Christie Collection

This is a supplementary award. The parties could not agree on the interpretation of a consent award issued the day before this grievance. The issue being the length of time the Grievor was to remain free of illegal drug use. The Union said the 24 months mentioned in the award; the Employer said indefinitely. The counsel for the Employer also suggested that the Arbitrator did not have jurisdiction to decide the matter.

Cep V Bell Aliant Regional Communications Llp, Innis Christie

Innis Christie Collection

This is a policy grievance brought by the Union because the Employer refused to allow employees, who were accepting an early retirement package, to include outstanding vacation time as time served. The Union wanted the remedy to include a recalculation of entitlement for the relevant employees, a declaration that the Employer had violated the Agreement and an order that eligible employees be allow to reconsider their choices based on this decision. The Employer's interpretation hinged on the fact that the departure date was subject to the Employer's approval.

Re Izaak Walton Killam Health Centre And Nsgeu (P-05121), Innis Christie

Innis Christie Collection

This is a union policy grievance regarding the Employer's approach to the compensation of employees for time lost on storm days. The Employer was compensating only if the time lost was for less than two hours. The Union believed that the Employer should pay for the first two hours. The Union seeks full redress, including retroactive compensation. The Employer agreed to the requested remedy if the Grievance is successful.

The grievance fails. The Union could not prove its interpretation of the relevant clauses of the Collective Agreement.

Re Halifax Regional School Board And Nsupe, Loc 2 (2-39-2001), Innis Christie

Innis Christie Collection

Union grievance filed October 11, 2001, alleging breach of Articles 6.01(b) and 10.03 of the Collective Agreement between the Employer and the Union in effect from January 1, 2001 to July 31, 2004, which the parties agreed is the relevant Collective Agreement for purposes of this matter, in that the Employer had violated Articles 6.01(b) and 10.03 and "has posted a number of jobs that do not specify the days of the week on which the work is to be carried out". At the hearing the Union sought a declaration of what it alleged was the proper interpretation of Article …

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

Innis Christie Collection

The Union claims that the Employer has an obligation to notify employees at least an hour in advance of work shift overtime being extended longer than initially expected. The Employer submits that this has never been the practice, that it is contrary to the Agreement, and that it would be impractical.

The grievance fails. Application of the article in question as the Union seeks to have it interpreted is clearly not what the parties intended. Indeed, it would be unworkable where the original work shift extension overtime is only for one hour, as it quite often is.

Re Strait Crossing Joint Venture And Iuoe, Innis Christie

Innis Christie Collection

Union Grievance concerning calculation of overtime pay. Grievance dismissed.

Union grievance alleging breach of Articles 17, 19, and Appendices "A", "B", "C", "D", and "E" the Collective Agreement between the Unions and the Employer dated September 17, 1993, which the parties agreed is the Collective Agreement that governs this matter, in that the Employer paid overtime improperly. The Unions requested that the Employer be ordered to pay overtime in full, with interest.

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 …