Labor and Employment Law Commons^™

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

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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

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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

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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 That system is no longer in effect, and there is some uncertainty just when it ceased.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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.