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Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White

Innis Christie Collection

The grievor, an employee in the construction industry, was dis­charged for "loafing". Warnings given by the field superintendent and the general foreman had not been passed down to him by the working foreman, and the privilege of taking "smoke breaks" was "flexible". The agreement provided that an employee could be discharged "for cause". The majority of the board, A.A. White, dissenting, held, even if the requirements of "cause" in the construction agreement were considerably lower than the requirements of "just cause" common in general industrial situations, "cause" for dismissal was not estab­lished here. In the construction industry, where foremen …

Re Int'l Union Of Electrical Workers, Local 510, And Phillips Cables Ltd, Innis Christie, D M. Storey, J J. Cowan

Innis Christie Collection

Employee Grievance alleging improper lay-off.

The facts:

A statement of the facts upon which this grievance arose has been agreed to by the parties.

At approximately 3:30 p.m. on October 5, 1967, a power inter­ruption cut off the supply of water to a portion of the company's Brockville plant and the company was informed that this situ­ation was not likely to be corrected before morning. The compa­ny therefore, at 6 p.m. on October 5, 1967, sent home four tuber operators whose machines were affected by reduced air pressure. These operators were the grievors John Link, W. Skelton, James Donaghue and …

Re Stereotypers & Electrotypers Union Local 50 And The Ottawa Citizen, Innis Christie, S E. Dinsdale, Larry Sheffe

Innis Christie Collection

This grievance, pursuant to the Collective Agreement between the parties effective July 1, 1966 to December 31, 1968, alleges that the Company has failed to pay the proper rate of overtime for certain work done on the night of June 26-27, 1967 and requests that the employees involved be compensated.

Re Int'l Ass'n Of Machinists And Gabriel Of Canada Ltd, Innis Christie, M Tate, J W. Healy

Innis Christie Collection

Employee Grievance alleging improper demotion. Only the portions of the award dealing with a preliminary objection are published.

Preliminary objection:

On a preliminary objection Mr. Williamson argued that there was no basis under the collective agreement upon which this board of arbitration could interfere with the company's decision to demote the grievor for lack of skill and ability. Article 3, it was argued, puts the matter entirely in the hands of the company.

Collective Bargaining In Canada, Innis Christie

Innis Christie Collection

The small body of Canadian legal literature is greatly strengthened by the publication of Dean Carrothers' major work. Students and teachers of labour law and practitioners in the field have found Collective Bargaining Law in Canada to be a most welcome addition to the author's already extensive writing in the field.

Re United Steelworkers Of America, Local 4444, And Stanley Steel Co Ltd (Hamilton Plant), Innis Christie, W Stetson, E J. Orsini

Innis Christie Collection

The company assigned non-bargaining unit employees to the tasks involved with inventory taking. The collective agreement provided that

"Supervisors will not do work ordinarily performed by bargain­ing unit employees, except —

(a) Instruction and training of employees.

(b) Emergency work necessary to maintain an uninterrupted flow of production."

Held, by a majority of the board of arbitration, W. Stetson dissenting, the grievance was dismissed. Inventory taking is not "work ordinarily performed by bargaining unit employees". While some of the regular operations of the grieving bargaining unit employees may have been performed incidentally to the inventory taking, this does not …

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

Innis Christie Collection

While the grievor received sickness and accident benefits during an absence from work due to injury, the company terminated his "Green Shield" coverage. The collective agreement provided that "In the event of a lay-off, strike, leave of absence, or any interruption of employment for reasons other than sickness and accident, all insur­ances shall be continued in force for one month following the last day of the month...".The same article also provided that in the event of absence due to sickness, certain listed benefits would be continued for a specified period. Green Shield coverage was not listed. In a separate provision …

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

Innis Christie Collection

The company's policy was to not post job vacancies occurring in a certain group of jobs. In addition, the company did not in certain instances post job descriptions. The collective agreement provided that "When a job vacancy occurs in the bargaining unit, the company will post a notice on the bulletin board setting forth a description of the job". The collective agreement then went on to provide for a job bidding system. The union grieved. Held, the grievance was allowed. The company alleged that the relevant provision of the collective agreement was ambiguous and that it must be interpreted …

Re United Brewery Workers, Local 800, And Loblaw Groceterias Co Ltd, Innis Christie

Innis Christie Collection

Union Grievance seeking interpretation of seniority provisions of collective agreement.

The facts:

Except in the matter of past practice the facts are not in dispute. In January, 1967, the company placed George McKinnon in the positions of receiver in the grocery department of their store at 720 Oullette Avenue, Windsor, Ontario. Mr. McKinnon was first employed by the company in the Autumn of 1932. From 1932 until 1938 he held various jobs which would now be performed by members of the bargaining unit for which the union is bargaining agent. This fact was not disputed by counsel for the union. …

Re Int'l Moulders Union And Jamaica Mfg (Canada) Ltd, Innis Christie, D Wren, S H. Hartt

Innis Christie Collection

The facts essential to the settlement of this grievance do not appear to be in dispute. Employees of the company are paid an hourly base rate, as set out in the schedule to the collective agreement, plus incentive pay. The incentive system operates. wholly outside the agreement except for references in art. 10 (c), which is quoted below, and upon which this grievance is based. There are several indirect references to the incentive scheme in the "Wage Schedule and Classifications" appended to the agreement. The references in the schedule do no more than testify to the existence of the incentive …

Re United Cork Linoleum & Plastic Workers, Local 380, And Union Carbide Canada Ltd, Innis Christie, G Brooks, C W. Vanwinsen

Innis Christie Collection

Employee Grievance claiming improper application of seniority provisions.

The issues in this case are therefore:

Where the company has the right under the collective agreement to deny promotion to the grievor, who is the senior man, on the ground that he does not satisfy educational qualifications unilaterally prescribed by the company.

If the company is successful in issue, can it be said that the grievor does not in fact have the qualifications prescribed by the company in this case.

The Worker And The Law, Innis Christie

Innis Christie Collection

Professor Wedderburn's addition to the Pelican Law Series is, in keeping with the best of that series, an excellent introduction to the industrial law of the United Kingdom. Like its predecessors this book is written "both for the general reader and for the student of our social and legal system". However, general readers will have to be rather sophisticated in the law to stay with Professor Wedderburn from "The Foundations of Labour Law", through five chapters on the "law of industrial peace" and four on the "law of industrial conflict", to his conclusion.