Labor and Employment Law Commons^™

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 …

The Brandon Packer's Strike, Innis Christie

Innis Christie Collection

The Brandon packers' strike of 1960 was, as Professor MacDowell suggests, "a minor affair, involving only one hundred and ten employees"¹ and lasting six months, but it is the basis for a most interesting case study. A wondrous selection of "classic" factors and some "specials" were involved. A modest, one-man company was sold to "financiers" and, a young ambitious manager was appointed, ready and willing to break the established pattern of collective bargaining on the ground that the company could not afford to pay the union demands. There was tension within the union local between the "old guard" and …

The Nova Scotia Trade Union Act, 1972, Innis Christie

Dalhousie Law Journal

The much amended Trade Union Act of Nova Scotia' has been redrafted with a number of substantive changes. This note is simply to alert lawyers to the changes, and to some extent, to attempt to explain the reasons for them.

Labour Relations And Public Policy: Perspectives On The Future, Robert W. Cox

Dalhousie Law Journal

What follows is an attempt to look at salient emerging issues for public policy in the labour relations field using a global framework so as to place the North American situation within the world-wide picture. It is now trite and superficial to speak of global "interdependence" in politics, economics and ecology. The concept "interdependence" implies a spurious equality, which diverts from and tends to obscure the dominancies and dependencies of global power relations.

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

Innis Christie Collection

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 …

Canadian Brotherhood Of Railway, Transport & General Workers, Local 610 V Chappell's Building Supplies Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 4, 1973, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

Canadian Union Of Building Products Workers, Local 299, Clc V Halliday Craftsmen Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on February 5, 1973, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

Richard V Hotel & Restaurant Employees & Bartenders International Union, Local 662, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 12, 1973, for Revocation of L.R.B. No.1576, dated June 24, 1970, involving certain employees of Sir Loin Steak House Restaurant Limited formerly Cameo Soda Grill Limited, Halifax, Nova Scotia, pursuant to the Trade Union Act;

The Nova Scotia Trade Union Act, 1972, Innis Christie

Innis Christie Collection

The much amended Trade Union Act of Nova Scotia' has been redrafted with a number of substantive changes. This note is simply to alert lawyers to the changes, and to some extent, to attempt to explain the reasons for them.

International Union Of Elevator Constructors, Local 125 V Otis Elevator Company Limited, Innis Christie

Innis Christie Collection

A COMPLAINT of activity intended to restrict or limit production contrary to the Trade Union Act having been filed with the Labour Relations Board (Nova Scotia) on June 27, 1972;

Labourers' International Union Of North America, Local 615 V Walker & Hall Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 21, 1972, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

Construction & General Labourers' Union, Local 1115 V Nova Construction Company Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 27, 1972, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

International Union Of Operating Engineers, Local 721 V Acadia Road Contractors Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 14, 1972, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

International Brotherhood Of Painters & Allied Trades, Local 1439 V Maritime Painting & Decorating Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on September 27, 1971, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

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

Innis Christie Collection

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

Innis Christie Collection

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 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 …

The Law Of Picketing In Alberta, Innis Christie

Innis Christie Collection

The author discusses the law of picketing with special emphasis on cases decided in Alberta and on the peculiarities of the Alberta labour legislation. The law relating to picketing is considered in two categories: Picketing in support of unlawful strikes and picketing in support of lawful strikes. In this context the author discusses when picketing can be enjoined or give rise to damage actions. The author recommends a rational assessment of when, where and how picketing should be allowed in the context of the Canadian system of collective bargaining, with less reliance in the control of picketing on the torts …

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 …

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

Innis Christie Collection

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, Local 195, And East Side Plating Co Ltd, Windsor Bumper Co Ltd And East Side Stamping Co Ltd, Innis Christie

Innis Christie Collection

The grievor contested with another employee which of them was to do certain work, which led to the grievor's assaulting the other employee. The company discharged the grievor, thus bringing about the present arbitration, the sole issue being whether, in view of the grievor's record, his participation in the fight constituted just cause for his dismissal. There was no direct evidence that the grievor had in fact started the fight and his discharge seems to have resulted from an alleged agreement between the union and company to dis­charge the employee who seemed to have started the fight. The sole arbitrator …

Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White

Innis Christie Collection

Employee Grievance seeking compensation for loss of wages due to unjust discharge.

The broad issue before us is whether the company is liable to compensate the grievor for wages lost during the whole period of six weeks for which he was unemployed. The general principle, stated at the end of our award on the merits in this matter, is that the grievor must have taken all reasonable steps to minimize his loss. The company pressed the argument that not only the grievor but the union as well must have taken all reasonable steps to minimize the grievor's loss. This board …

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

Innis Christie Collection

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

Innis Christie Collection

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

Innis Christie Collection

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

Innis Christie Collection

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

Innis Christie Collection

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.