Labor and Employment Law Commons^™

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.

Re Canada Post Corp And Lcuc (Merlin), Innis Christie

Innis Christie Collection

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.

Re Canada Post Corp And Canadian Union Of Postal Workers (Halifax Franchise Grievance), Innis Christie

Innis Christie Collection

Union Grievance alleging improper contracting out. Grievance allowed.

National union grievance alleging violation of art. 39.08 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, S. C. 1987, c. 40, Bill C-86, in that the employer opened a franchised dealership without holding constructive consultation with the union. The union requested an order that the employer be directed to discontinue the offering of new services through …

Lcuc V Canada Post Corp, Innis Christie

Innis Christie Collection

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of the grievor the Union requested that he be reinstated without any loss of pay and that the letter of discipline be withdrawn from his file.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

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 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 Cupw, 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 that the Employer breached Articles 19.14 and 19.15 by changing certain annual leave practices in Moncton. The Union requests an order that the Employer revert to previous practice.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Articles 13.15 and 39.08 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. The Union requested an order that the Employer be directed to withdraw from franchise agreements allegedly made in breach of the Collective Agreement to engage in constructive consultations and to provide certain specified information, and for damages, both in its own right and …

Re Canada Post Corp And Cupw (Gallie), 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 September 30, 1986 and remained in force pursuant to the extention provisions of the Canada Labour Code, 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 and documents relating to this matter be removed from her personal …

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

Innis Christie Collection

Policy Grievance relating to grievance procedure. Grievance allowed.

At issue here is the binding effect of an arrangement between the parties in the Atlantic region which allows for the "Level 2" hearing in grievances relating to absenteeism to be held at Halifax rather than at the employer's head office. Also at issue was the question of whether the implication of this arrangement is that the union has the option of using the expedited arbitration procedure set out in paras. 13 to 25 of app. "E" to the collective agreement for such grievances.

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

Innis Christie Collection

Employee grievances alleging that the Employer violated Article 21 or Article 20 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired September 30, 1986, but which remains in effect by virtue of the Canada Labour Code, and in particular of Article 21.03 in that the Employer unreasonably withheld special leave, or, alternatively, Article 20 in that the Employer refused to allow sick leave. The Union requests that the grievor be paid for three hours and twenty minutes of special leave, or, alternatively, that he …

Re Canada Post Corp And Cupw (Clarke And Steiner), Innis Christie

Innis Christie Collection

Employee grievances alleging that the Employer violated Article 15 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired December 31, 1982 but was extended by Bill C-124 to September 30, 1984, in that the Employer bypassed the grievors in the administration of equal opportunity for overtime. The Union requested that the grievors be paid amounts equal to the amounts they would have been paid had they not been bypassed on the occasions in question.

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

Innis Christie Collection

Employee grievance alleging that the Employer violated Article 21 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired September 30, 1986, but which remains in effect by virtue of the Canada Labour Code, and in particular of Article 21.03 in that the Employer unreasonably withheld special leave. The Union requests that the grievor be paid for one hour and fifty minutes of special leave.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging that the Employer violated the Collective Agreement between the parties with respect to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expires September 30, 1986, and in particular Article 15 in that the Employer by-passed the grievor in the administration of equal opportunity for overtime.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievances alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expires September 30, 1986 and in particular Article 31, in that the Employer notified the griever, Richard, that he was to be held responsible for a wicket shortage which occurred in his wicket credit in the amount of $188,84, and the grievor Clark that he was to be held responsible for a wicket shortage which occurred in his wicket credit in the amount of $37.36. The Union requests that each griever not be held responsible …

Crossing The Lines In Dolphin Delivery: Some Thoughts On The Parameters Of The Charter Application - Unpublished, Dianne Potheier

Dianne Pothier Collection

A threatened picket line which never materialized turned into the unlikely setting out of which the Supreme Court of Canada drew the demarcation lines between litigation to which the Charter does and does not apply. I use the description "unlikely setting" not because it is odd that labour picketing was the context for debating the issue of Charter application. The considerable extent to which Canadian law leaves labour picketing to the common law makes it an obvious place to assess the Charter's application to the common law. But it could not have been less planned than Retail, Wholesale and Department …

Sobeys Stores Limited V. Yeomans Et Al: A Case Comment, Michael V. Coyle

Dalhousie Law Journal

In Sobeys Store Limited v. Yeomans et aLI the Appeal Division of the Nova Scotia Supreme Court seems to strike down the provisions of the provincial Labour Standards Code2 that make reinstatement a viable remedy for senior workers who have been dismissed without just cause. In reality, the judgement, now on appeal to the Supreme Court of Canada, may have missed its mark by a wide margin and, despite the obvious intention of the Court, left these very provisions untouched in the result.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union Grievance alleging violation of Appendix "Q" 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. The Union requested an order that the Employer respect Appendix "Q" by signing sub post office contracts that do not exceed twelve months and by renegotiating any sub post office contracts "so that they do not exceed a twelve month period from the initial signing date".

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 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.

Determination Of The Wishes Of The Majority Of The Employees In The Appropriate Bargaining Unit, Innis Christie

Innis Christie Collection

The notion that the wishes of employees with respect to certification should be ascertained primarily through a secret ballot vote hardly originated in Nova Scotia, having been adopted by the U.S. Wagner Act when it was first enacted. However, in the 1950's and 60's Canadian labour policy makers generally moved their labour legislation in the direction of enhancing the importance of "evidence" of union membership as the basis for certification, relegating the vote to secondary status, to be used only where the other evidence did not indicate clear majority support for the union or where employee petitions indicated a change …

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

Supplementary Award relating to remedies for unjust discharge. Reinstatement ordered.

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

Innis Christie Collection

Under the Collective Agreement, the Company and the Union agreed "to provide safe working conditions, proper and adequate tools, equipment and protective devices". The Union argued that this provision required the Company to provide safety boots. Originally the Company had examined the issue and intended to provide each employee with one pair of safety shoes a year (prior to this, the Company had contributed towards the purchase of safety shoes). Based on the experience of another Company, it was decided not to provide shoes but to initiate a new policy of making a greater contribution to the cost of new …

Analysis Of The Charter And Its Application To Labour Law, Joel Fichaud

Dalhousie Law Journal

Analysis of the Charter and Its Application to Labour Law This paper: (1) lists the provisions of the Charter of Rights and Freedoms1 which may have relevance to labour law; (2) suggests a possible framework for analysis of the provisions, and; (3) applies the provisions and analysis to aspects of labour law.

Re Eastern Provincial Airways Ltd And International Association Of Machinists And Aerospace Workers, Innis Christie

Innis Christie Collection

The grievance before me arose out of the back-to-work proce­dures followed by the company after the settlement of the labour dispute between the parties which lasted from early January to March 10, 1983. In March the company was still involved in a dispute with its pilots so both parties understood that it would be some time before the company returned to normal operations. On March 10th, following a marathon session, the parties concluded the back-to-work agreement under which the issues before me arise.

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

Innis Christie Collection

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.

Workers Compensation: The Historical Compromise Revisited, Dianne Pothier

Dalhousie Law Journal

This committee, after our study, declares that our present system of workers' compensation legislation is still fundamentally sound in concept. - Report to the House of Assembly of the Select Committee on Workers' Compensation, May, 1981 In the last decade health and safety issues in the workplace have gained a special prominence. Across North America new initiatives have been taken in response to an old problem. One aspect subjected to re-evaluation in many jurisdictions is the statutory scheme of workers' compensation. In Nova Scotia a Select Committee of the Legislature was given the mandate to reassess this scheme, and its …

Re The University Of British Columbia And Kane, Innis Christie, Peter Burns, Roland Gray

Innis Christie Collection

The Agreement on Conditions of Appointment for Faculty between The University of British Columbia and the Faculty Association of The University of British Columbia dated May 1, 1980 provides that where a faculty member is advised in writing by the President that he is to be terminated the faculty member may request that a Hearing Committee be constituted. We were constituted as a Hearing Committee in accordance with Article 10.02(f) of the Conditions of Appointment after the President advised Dr. Julius Kane that he proposed to terminate his appointment at The University of British Columbia.

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

Preliminary Issue relating to arbitrability of judicial inquiry report. Report admissible.

Employee grievances alleging discriminatory demotion and discharge without reasonable cause contrary to art. 2.01 of the collective agreement between the parties in force from January 1, 1977 until December 31, 1977. Grievor seeks reinstatement to his former position without loss of salary, seniority or benefits and to have the alleged incident stricken from his record.

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

Innis Christie Collection

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.

Workers Compensation: The Historical Compromise Revisited, Dianne Pothier

Dianne Pothier Collection

This committee, after our study, declares that our present system of workers' compensation legislation is still fundamentally sound in concept.

- Report to the House of Assembly of the Select Committee on Workers' Compensation, May, 1981

In the last decade health and safety issues in the workplace have gained a special prominence. Across North America new initiatives have been taken in response to an old problem. One aspect subjected to re-evaluation in many jurisdictions is the statutory scheme of workers' compensation. In Nova Scotia a Select Committee of the Legislature was given the mandate to reassess this scheme, and its …