Law Commons^™

Climate Change And The Use Of The Dispute Settlement Regime Of The Law Of The Sea Convention, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article explores the connection between obligations to reduce greenhouse gas (GHG) emissions under the climate change regime and obligations to protect the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). Within the context of the state of the science on the links between climate change and the marine environment, the article considers whether the emission of greenhouse gases as a result of human activity constitutes a violation of various obligations under the UNCLOS. Having identified a number of possible violations, the article proceeds to consider the application of the binding dispute settlement process …

Re Aliant Telecom Inc And Ac & Twu (Macdonald), Innis Christie

Innis Christie Collection

Union Grievance 04-01, dated July 21, 2004, on behalf of the Grievor, Robert MacDonald, alleging that the Employer discharged the Grievor in violation of Article 2.1 of the Collective Agreement between the parties effective January 1, 1999 — January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing in this matter the parties agreed that I am properly seized of it, that I should remain seized after the issue of this award to deal with any matters arising from its application and that all time limits, either pre-or post-hearing, are waived. …

Re Sisters Of Saint Martha And Caw, Local 2017, Innis Christie

Innis Christie Collection

The Grievor believes the Employer should apply the terms of the Labour Standards Code, instead of the less generous Collective Agreement, regarding holiday pay. The Employer paid holiday pay according to the Agreement and believes the grievance should be dismissed.

The grievance fails. The Code does not apply to the employees under the Agreement.

Re Provincial Health Services Authority And Peiupse, Innis Christie

Innis Christie Collection

Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested pre-hearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused production based mainly on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration estab­lished to deal with …

Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson

Innis Christie Collection

Grievance by the Union alleging breach of Article 20.1, and any other applicable articles, of the Collective Agreement between the Union and the Employer effective April 1, 2001 - March 31, 2004, which the parties agreed is the Collective Agreement that governs this matter, in that, when Ronald Smith, a Physio Aide, retired the Employer failed to post that position.

Re Provincial Health Services Authority And Peiupse, Innis Christie

Innis Christie Collection

Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested pre­hearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused pro­duction based on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the issue of whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration estab­lished to deal …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

A previous Grievance which alleged improper staffing was successful and resulted in an Award which required that the affected employees receive an offer for the positions they would have had if filled properly. The Arbitrator retained jurisdiction regarding the implementation of the Award. A subsequent hearing regarding the Grievor resulted in an order to offer her the position she had been denied. The Grievor accepted the position, but with her own conditions. This hearing is to consider if she accepted the position or, by adding conditions, rejected the offer.

Re Atlantic Pilotage Authority And Canadian Merchant Service Guild, Innis Christie

Innis Christie Collection

Employee Grievances alleging breach of Article 27.05 of the Collective Agreement between the parties dated October 16, 2000, which the parties agreed is the Collective Agreement that governs this matter, in that the Union alleges that each of the Grievors was given notice of recall in accordance with Article 27.05, each was available for the ten-hour period as required and each submitted a request to be paid in accordance with Article 27.05, which was refused. The Union seeks an order that the Employer pay each Grievor at the rate of pay specified in Article 27.05.

Cupe, Local 3010 V Children's Aid Society Of Cape Breton, Innis Christie

Innis Christie Collection

The Grievor was suspended and then terminated for culminating incidents of performance failures. The Union requests the Grievor be reinstated with full seniority and compensated for all lost pay and benefits.

The grievance succeeds in part. Discipline was appropriate to the situation, but termination was considered excessive in view of the Grievor's seniority and previous work record. The Grievor is reinstated, but without back pay due to the serious nature of the misconduct.

Nova Scotia Barristers' Society V Murrant, Innis Christie, B Wd Badley, Deborah E. Gillis, Kevin Patriquin, Charles T. Schafer

Innis Christie Collection

The Hearing Panel of the Hearing Subcommittee, empanelled by the Chair of the Hearing Subcommittee in accordance with Regulation 40 of the Nova Scotia Barristers' Society Regulations (hereafter, "the Regulations") made under the authority in s. 59 of the Barristers and Solicitors Act, R.S.N.S 1989, as am. (hereafter, "the Act") to hear and decide this matter, consisted of:

Dr. B.W.D. Badley

Innis Christie, Q.C., Chair

Deborah E. Gillis, Q.C.

Kevin J. Patriquin

Dr. Charles T. Schafer

The Panel met to hear evidence and submissions by counsel on October 2 and 3, 2003. The Society was represented by …

Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson

Innis Christie Collection

Grievance by the Union alleging breach of Article 20.1, and any other applicable articles, of the Collective Agreement between the Union (and Locals 1051, 1778 and 1779) and West Prince Regional Authority, East Prince Health, Queens Region Health and Community Services, Southern Kings Regional Authority and Eastern Kings Health, effective April 1, 2001 — March 31, 2004, which the parties agreed is the Collective Agreement that governs this matter, in that, when a full-time cook resigned the Employer failed to post that position and instead posted three part-time cook positions to which it assigned essentially the same work. Those part-time …

Ibew, Local 2228 V Nav Canada, Innis Christie

Innis Christie Collection

The Employer withheld the Grievor's pay and benefits owing under the salary continuation provision of the Agreement for a period of 12 days because of his refusal to sign a consent form required by the Employer's third party provider authorizing release of the Grievor's medical information to the provider. The Union does not dispute that the Employer had the right to require that the form be signed, nor the employer's having withheld the pay until the form was signed. The Union's position is that once the Grievor signed the form he was entitled to the pay being withheld. The Employer's …

Re Secunda Marine Services Ltd And Bradley, Innis Christie

Innis Christie Collection

This is an appeal under Section 251.11 of the Canada Labour Code by the Employer, Secunda Marine Services Limited, against a payment order of November 4, 2002 by Paula F. Stagg, Inspector, ordering an additional 21 days of severance pay to the Complainant, Sherman Bradley, in the amount of $2943.15, less deductions permitted pursuant to paragraphs 254.1(2)(a), (b) and (e) of the Code. This is for severance pay covering the period worked December 2, 1988 to March 21, 2002, minus five days severance pay received by Mr. Bradley.

Nova Scotia Barristers’ Society V Leahey, Innis Christie, G Wayne Beaton, Charles T. Schafer, David K. Macdonald, Philip J. Star

Innis Christie Collection

he Hearing Panel of the Hearing Subcommittee, empanelled by the Chair of the Hearing Subcommittee in accordance with Regulation 40 of the Nova Scotia Barristers’ Society Regulations (hereafter, "the Regulations") made under the authority in s. 59 of the Barristers and Solicitors Act, R.S.N.S 1989, as am.(hereafter, "the Act") to hear and decide this matter, consisted of:

G. Wayne Beaton, QC

David K. Macdonald

Dr, Charles T. Schafer

Philip J. Star, QC

Innis Christie, QC, Chair

The Panel met to hear evidence and submissions by counsel on July 9, 10, 11 and12, and on August 14, …

Re Aliant Telecom Inc And Ac&Twu, Innis Christie

Innis Christie Collection

This is a policy grievance concerning the contracting out of work on two separate occasions. The Union wanted the Employer to stop contracting out work, and pay all damages. The Employer did not believe the work in question was protected from contracting out as outlined in two Letters of Intent that are part of the collective agreement.

The grievances fail. An examination of the negotiating history, nature of the work and the effect it had on the number of union positions support the Employer's position. The Letters of Intent did not cover the type of work which was contracted out. …

Re Saint John (City Of) And Saint John Fire Fighters' Association, Iaff Local 771 (Davidson), Innis Christie, G Lawson, A Levine

Innis Christie Collection

Union grievance on behalf of the Grievor alleging that he was hired and subsequently fired without due process, contrary to the 2001-2003 Collective Agreement between the parties, and seeking full redress. At the outset of the hearing in this matter the parties agreed that this Board of Arbitration is properly constituted and, sub­ject to the City's preliminary objection, properly seized of this matter. The City made a preliminary objection to the jurisdiction of this Board of Arbitration to hear this matter based on the allegation that the Grievor was never an employee of the City; i.e., that he was never …

Re Canada Post Corp And Cupw (078-00-00463), Innis Christie

Innis Christie Collection

The Union grieves the Employer's failure to convert Part-Time Route 23 to a full time route, and staff the new route in accordance with the Agreement. The Union seeks an order that the Employer convert the route and grant full redress to all employees affected. The Employer takes the position that it is only required to carry out minor restructuring to bring Route 23 into conformity with limits on part-time routes. The Employer acknowledges that this should have been done seven months ago.

Re Iwk Health Centre And Nsnu (Kelsey), Innis Christie

Innis Christie Collection

The Grievor was accused of inappropriate and unprofessional conduct by a Patient who was mentally ill. After the Employer's review the Grievor was discharged. The Grievor claims he is innocent and was terminated for unjust reasons. The Union requested that he be reinstated in the position he held and be compensated for all lost wages and benefits.

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 Caw-Canada, Local 2216 And Aca Co-Operative Ltd, Innis Christie

Innis Christie Collection

The Union claimed that the Grievor was unjustly suspended for four days, then unjustly discharged.

This is a consent award. The parties agree that the Grievor is to be reinstated, subject to certain conditions, and granted retroactive pay. The Arbitrator retains jurisdiction to deal with any grievances in respect of discipline against the Grievor for a period of one year from the date of the award.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance filed March 7, 2002 on behalf of all affected employees alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2003, in that the Employer violated Articles 2, 11, 13, 15, 17 and all other related provisions of the Collective Agreement by placing full-time supervisor, David Waller, into a full-time letter carrier position/assignment at the Dartmouth Delivery Centre. The Union seeks an order that the Employer remove David Waller from the full-time letter carrier position/assignment and grant full redress to all affected employees under either Article 39.01 or Article 17.04.

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 Canada Post Corp And Cupw (Fitzhenry), Innis Christie

Innis Christie Collection

The Union brings this arbitration on behalf of six employees who were denied special leave with pay in the context of a severe winter storm in the St. John's area. The Union seeks lost rights, earnings, and benefits. The Employer's position is that it acted reasonably in denying special leave, because it was unsafe for the employees to leave before the end of their shift, and by the end of the shift, the storm had abated, so that at that time they would have had no difficulty getting home safely.

Mwf, Local 1 V Halifax Shipyard, Innis Christie

Innis Christie Collection

This is a policy grievance. The Union claims that the Employer has breached the Agreement by failing to pay bridge tolls and mileage to employees working on the rig Eirik Raud on the Dartmouth side of Halifax Harbour. The Union's position is that the Employer is obligated to reimburse employees for bridge tolls and automobile usage when they are not working at the Halifax plant. The Employer claims that this obligation is limited to those employees on day to day assignment outside the vicinity of the Halifax plant. It further argues that, as most of the employees in question have …

Re Ben's Ltd And Bct, Local 445, Innis Christie

Innis Christie Collection

The Grievor, as the Union's Shop Steward, is acting for employees in the Employer's thrift stores. The grievance was initiated when the hours of a part-time employee were reduced. The Union asserted that the Employer was manipulating hours to avoid making employees full-time. The Employer maintained that there is nothing in the Collective Agreement which requires the creation of full time jobs where it could, or otherwise prevent the assignment of work to minimize the number of full-time positions.

The grievance fails. Part-time employees were excluded from the Collective Agreement.

Re Air Nova Inc And Caw-Canada, Local 4236 (Hatt), Innis Christie

Innis Christie Collection

Union grievance on behalf of the Grievor alleging termination contrary to the provisions of the Collective Agreement between the parties, effective January 18, 1999 to January 17, 2002, in that the Grievor's probationary period under Article 8 had expired when he was terminated without just cause, contrary to Article 21. The Grievance also alleges that no information was supplied to the Grievor as to his performance progression throughout the probation­ary period.

Re Aliant Telecom Inc And Ac & Twu, Innis Christie

Innis Christie Collection

Policy Grievance 01-05 dated November 8, 2001 concerning the Contracting Out of Internet Member Services — Internet Dial Help Desk, which the Union alleges is contrary to Letter of Intent, Appendix E to the Common Part of the Collective Agreement between the Employer and the Union effective January 1, 1999 January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing, the parties agreed that I am properly seized of this matter and have jurisdiction to grant interim relief.

Re Nova Scotia Liquor Corp And Nsgeu, Local 470, Innis Christie

Innis Christie Collection

This is a consent award. The parties are agreed that the Employer breached the Agreement by not posting full-time jobs in the warehouse.

The Employer agrees to post seven (7) full-time warehouseman positions, and two (2) conditional warehouseman positions on or before December 14, 2001. The Union waives any right to claim entitlement to further warehouseman postings over the review periods spanning 1998 through 2001. The parties agree to make their best efforts to resolve issues in upcoming bargaining negotiations. Failing agreement on the meaning of the term "non-overlapping hours", either party may grieve its interpretation.

Re Canada Post Corp And Cupw (105-00-00010), Innis Christie

Innis Christie Collection

The Union claims that the Employer has breached the Agreement by creating another part-time walk (walk 51) when it would have been practicable, as required by the Agreement, to combine part-time walks to create a full-time walk. The Union seeks an order that the Employer combine walk 51 with other part-time walks in order to create a full-time walk, and compensate any employees who have lost rights, earning and benefits from its failure to do so heretofore.

Re Canada Post Corp And Cupw (105-00-00003), Innis Christie

Innis Christie Collection

The Union alleges that the Employer violated the Agreement by failing to provide the Union with the results of the five day count taken September 22-29, 1999. The Union 's original request on remedy was an order that the results be provided. However, since the hearing took place more than two years after the count, the Union now asks that the Employer be ordered to conduct another five day count within one month of the award. The Union asks that the Arbitrator remain seized of the matter should the parties be unable to agree on monetary remedy.