Labor and Employment Law Commons^™

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

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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

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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

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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 …

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

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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

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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.

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

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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

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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

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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.

Dalhousie Faculty Association V Board Of Governors Of Dalhousie College And University, Innis Christie

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Association grievance alleging that Ms. Bednarski and Dr. Ross were members of the Bargaining Unit for the academic year 1981-82, that the University breached the Collective Agreement between the parties signed February 5, 1981 and effective from that date to June 30, 1982 and thereafter in accordance with Article 33.01, by failing to deduct regular monthly dues from their salaries in accordance with Article 7.02 and failing to provide information in accordance with Articles 7.05, 7.08(a) and 7.08(b). The Association seeks a declaration that Ms. Bednarski and Dr. Ross were members of the Bargaining Unit during the academic year 1981-82 …

Re Campbellton (City Of) And Canadian Union Of Public Employees, Local 76, Innis Christie, H Harvey, D Cochrane

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We are concerned in this interim award with the legal questions of whether this board of arbitration is properly constituted and whether we have jurisdiction to deal with the grievances before us. At this stage we are not concerned with whether or not the dismissal of the grievors by the employer was just and reasonable. Indeed, we do not have before us evidence of the facts on the basis of which any decision on that ultimately important issue will have to be made. The only facts which concern us now are those which are necessary for the legal decision we …

Canadian Academic Tenure And Employment: An Uncertain Future?, Innis Christie, David J. Mullan

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Canadian academic employment relationships can be said to fall into three categories:

1. The traditional "contract-statute" relationship
2. The collective bargaining relationship, and
3. The "special plan" relationship.

What is the legal nature of each of these relationships and what are the implications of each? Which issues have proved, or could prove, sensitive in the "contract-statute" setting? Can collective agreements or special plans provide better solutions? These are the fundamental legal questions, but tenure issues loom so large that they tend to swallow up the other questions and answers.

Re Andres Wines (Bc) Ltd And United Brewery Workers, Local 300, Innis Christie

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Employee Grievance relating to long-term disability payments.

At the outset of the hearing counsel agreed that I am properly seised of this matter and could proceed as a single arbitrator notwithstanding the fact that art. IX, s. 4, Step 4 of the collective agreement calls for an arbitration board. It was agreed that any objection to a failure to comply with the requirements of the collective agreement in respect of my selection and proceeding as a single arbitrator would be waived.

Re York Farms Ltd, Sardis And Canadian Food And Allied Workers, Local P430, Innis Christie, J Wells, A Hamilton

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Employee Grievance alleging unjust suspension.

Counsel agreed at the outset of the hearing that the board was properly constituted and seised of this matter. It was also agreed by counsel that management would not introduce evidence of the grievor's work record on the understanding that if the board concluded that there was just cause for any discipline there would be no reduction in the three-day suspension.

Re Utah Mines Ltd And International Union Of Operating Engineers, Local 115, Innis Christie

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Employee Grievance relating to holiday pay.

The parties agreed that at all relevant times the grievor, Daniel Richard, was a warehouseman — first aid man, working in the warehouse operation. His birthday fell on September 2, 1980. He started work on August 9, 1979. In that year Labour Day fell on September 2nd and he worked on Labour Day so that in accordance with the collective agreement the following day, September 3rd, was considered to be his birthday holiday. He worked that day as well. On September 3, 1979, the grievor was scheduled to work and did work on the …

Re Burrard Yarrows Corporation, Vancouver Division, And International Brotherhood Of Painters, Local 138, Innis Christie, C Mcintosh, W Yule

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Union Grievance alleging improper contracting out.

The union which is the grievor here is one of 11 unions signatory to the collective agreement with Burrard Yarrows Corporation — Vancouver Division. As an industrial collective agreement this poly-party agreement is somewhat unusual in that it provides for a form of closed shop union security with a role for the union hiring hall. At the same time it makes provision for seniority.

Re Pacific Western Airlines Ltd And Canadian Airline Employees' Association, Innis Christie

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Employee Grievance alleging unjust discipline.

In issue here is the requirement in the company's deportment and grooming rules that its male traffic agents and ramp service agents I wear only black belts and that its traffic agents, both male and female, wear only black shoes. Specifically, the relevant provisions of the company's "Passenger Services Manual" provide for all relevant categories of employee: "Belt — black, individual's choice of supplier"; for male traffic agents: "Shoes — black, leather, conservative styling. Individual's choice of supplier. No platform. Heel must not exceed 5 cms. with a preferred sole of 1 cm.", and for …

Re Board Of School Trustees, School District No 70 (Alberni) And Canadian Union Of Public Employees, Local 727, Innis Christie, M Mearns, S Tzogeoff

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Union Grievance relating to employment of part-time employees.

This arbitration arises out of the implementation by the employer of "Program Chance", the thrust of which is explained in the following excerpts from a schools department circular dated April 21, 1980:

Re Halifax (City Of) And International Association Of Firefighters, Local 268, Innis Christie

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Interest Arbitration relating to cost of living and reopener.

The negotiation of the current collective agreement between the parties, over the spring, summer and early autumn of 1979, was difficult. It involved a four-day strike which was concluded without final agreement on all issues. It was not, however, the understanding of the union's negotiating team that the percentage increase in the consumer price index required to trigger the re­opening of the agreement with respect to wages six months prior to its termination date was one of those issues, although there was some uncertainty about the technicalities in the wording of …

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

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Employee Grievance alleging unjust discharge.

On October 13, 1977, the grievor, Brian Risdon, was demoted from the position of chief plumbing inspector for the City of Toronto, which he had held since January 23, 1970, to plumbing inspector. On October 14, 1977, he was discharged. The evidence is that prior to the events which gave rise to this demotion and then discharge the grievor had never been disciplined, or even criticized by his superiors in the department of buildings of the City of Toronto, for the way he did his job.

Re Dartmouth (City Of) And Dartmouth Police Association, Local 101, Innis Christie, Charles A. Macdougall, Matthew J. Mcpherson

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Employee Grievance alleging improper refusal of leave of absence in lieu of statutory holiday.

There was no dispute about any of the essential facts. The practice in the Dartmouth Police Department is for a leave calendar to be circulated at the start of each year. Each man writes in his preferred vacation leave in accordance with an order of priorities not here in issue. Thereafter as requests are made and granted for leave for statutory holidays, time off in lieu of overtime and compassionate leave and as members of the department go on training courses, those facts are noted on …

Re The Queen In Right Of The Province Of Nova Scotia And Nova Scotia Government Employees Association, Innis Christie

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The Deputy Minister's letter of July 5th appears to specify as bases for the discipline here in issue:

1. that the grievor's consulting work with the developer was contrary to the chief engineer's memorandum of February 28, 1977;
2. that accepting employment which led to (public) criticism of departmental policies and fellow employees involved "a conflict of interest"; and
3. that the grievor's letter of February 8th constituted public criticism of department policies.

Re Nova Scotia (Civil Service Commission) And Nova Scotia Government Employees Association, Innis Christie

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Employee grievance under the collective agreement between the parties for the Professional and Administrative Classification and Pay Plan Group, which expired April 21, 1979, seeking a dec­laration that there is no indebtedness on the part of the grievor to the employer for educational leave assistance and a direction that the employer pay to the grievor all money in her superannuation account.

Re Eastern Provincial Airways (1963) Ltd And Canadian Airline Employees' Association, Innis Christie

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Union Grievance alleging improper filling of job vacancy.

In the summer of 1978, Watters and Miller, traffic agents in Saint John, New Brunswick, applied for inter-base transfers to Montreal. That autumn a permanent vacancy occurred for which both Ms. Miller and Mr. Watters met all requirements except, possibly, the language requirement. Both were given a "test" by the employer and, in the result, neither was given the transfer re-quested. According to Watters' testimony, Ms. Miller initiated the grievance now before me but, as Watters put it, "it was explained to her [presumably by the union] that it would go in …

Eastern Shore Memorial Hospital Local Of The Nova Scotia Nurses' Union V Eastern Shore Memorial Hospital, Innis Christie

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APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 31, 1979, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

The Board Of Directors Of The Halifax Infirmary Hospital V The Halifax Infirmary Local Of The Nova Scotia Nurses' Union, Innis Christie

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APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 19, 1979, pursuant to Section 26 of the Trade Union Act by adding to the classifications of employees excluded from the bargaining unit contained in L.R.B. No. 1996, dated September 18, 1973, the following: Unit Supervisor, Head Nurse (Special Unit), and Head Nurse, other than Head Nurse, Operating Room;

United Rubber, Cork, Linoleum & Plastic Workers Of America, Local 1028 V Michelin Tires (Canada) Limited, Innis Christie

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On February 14, 1979, the Board issued an order dismissing the application [sic] for certification in this matter and stated that reasons were to follow. On April 11 the Board issued L.R.B. No. 2523, in which, with full reasons for our decision, we directed Michelin Tires (Canada) Limited to cease and desist from breaching Section 51 (1) (a) of the Nova Scotia Trade Union Act by committing the unfair labour practices specified in that order. Our intent here is to set out in similar detail our reasons for the order on February 14. Not all of the many issues of …

Imp Manufacturing Employees Association V Imp Group Limited, Innis Christie

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APPLICATION having been made to the Labour Relations Board (Nova Scotia) on May 18, 1979, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

United Rubber, Cork, Linoleum & Plastic Workers Of America V Michelin Tires (Canada) Limited, Innis Christie

Innis Christie Collection

A COMPLAINT of Unfair Labour Practice having been made to the Labour Relations Board (Nova Scotia) on February 29, 1978, alleging that Michelin Tires (Canada) Limited violated Section 51 (1) (a) and 5 (3) (a) of the Trade Union Act;

Re Air Canada And Canadian Airline Flight Attendants Association, Innis Christie

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Grievance over unjust discharge. The grievor was a flight attendant. The grievor was terminated on the last day of her six month probationary period. Being on probation, no grounds needed to be given but the letter discharging her said that she had been found performing below acceptable standards on three (in-flight performance, grooming and attendance) of the four (additionally, personal conduct) categories of evaluation. The union argued that there were other criteria which had set the grievor down as a "marked person" which had nothing to do with the four categories. The union also argued that the grievor was not …

Association Of Commercial And Technical Employees, Local 1726, Canadian Labour Congress V New Moon Restaurant, Innis Christie

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I wish to advise you that the Labour Relations Board (Nova Scotia) has granted the request of the Applicant to withdraw the Application for Certification filed with the Board in connection with the above-noted case on September 18, 1978.