Selected Awards

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Selected Awards

Photocopies of awards under the Ontario Labour Relations Act are available from the Office of Arbitration, Ontario Ministry of Labour, 400 University Avenue, Toronto, Ontario, M7A 1T7. Decisions not falling under the Labour Relations Act are noted.

Copies of those decisions which have been summarised in Canadian Labour Arbitration Summaries (C.L.A.S.) are available from the publisher Canada Law Book, 240 Edward Street, Aurora, Ontario, L4G 3S9. In addition, some decisions have been reported in the Labour Arbitration Cases (L.A.C.), also published by Canada Law Book.

Selected awards are available on the CanLII website as follows: http://www.canlii.org/en/on/onla/nav/arb/581.html


#10703 Pavaco Plastics Inc. (Hematite Manufacturing Division) & Workers United Ontario Council (Grievance of Shawn Clarke)
February 17, 2011

#10680 Ishaq Syed Abutalib & Toronto Police Association (Alleged Breach of Duty of Fair Representation) (Police Services Act)
December 17, 2010

#09673 London Police Services Board & London Police Association (Thompson WSIB Grievances) (Police Services Act)
August 9, 2010
This award is reported at (2010), 195 L.A.C. (4th) 81.

#10682 Timken Canada LP & United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers) and Local Union No. 4906 (Grievance of Len Webber)
June 22, 2010

#08645 Corporation of the City of London & The London Civic Employees Local Union No. 107 (Dismissal Grievance)
May 18, 2010

#08638 Greater Essex County District School Board & Elementary Teachers’ Federation of Ontario (Group Grievance regarding Supplementary Employment Insurance Benefits during Christmas and March Breaks)
February 4, 2010

#09668 Thunder Bay Police Services Board & James Mauro (Promotion Grievance) (Police Services Act)
December 14, 2009
This award is reported at (2009), 188 L.A.C. (4th) 110.

#09662 Norfolk General Hospital & Ontario Nurses’ Association (Grievances of V. Salembier and of the Union)
October 21, 2009

#09656 Butcher Engineering Enterprises Limited and National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), and its Local 195 (Grievance of Holly Yoell)
June 3, 2009

#09654 Accurcast Inc. & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada), Local 351 (Union/Policy Grievance)
May 4, 2009

#08642 The Specialized Packaging Group, Inc. & Communications, Energy and Paperworkers Union of Canada, Local 517-G
March 13, 2009
This award is reported at (2009), 182 L.A.C. (4th) 19.

#08634 Regional Municipality of Niagara Police Services Board & Niagara Region Police Association (Termination Grievance of William Mullin) (Police Services Act)
February 27, 2009

#08648 Presteve Foods Limited &National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 444 (Group Grievance regarding Santichai Theptasaeng and Sumalee Wongsawat)
November 6, 2008

#07603 Temiskaming Shores Police Services Board & Chief Douglas H. Jelly (Severance Pay) (Police Services Act)
June 17, 2008

#08636 The Corporation of the City of London & National Automobile, Aerospace, Transportation and General Workers Union (CAW – Canada), Local 302 (Union/Policy Grievance)
June 9, 2008

#07609 The City of Hamilton Public Health Unit & Ontario Nurses’ Association (Evening Overtime Grievances)
April 4, 2008

#08630 Presteve Foods Limited & National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 444 (Union/Group Grievances)
March 25, 2008

#07597 The Corporation of the City of London (Dearness Home) & Service Employees International Union, Local 1.on (Grievance of Susan Crosby)
March 14, 2008

#06570 Corporation of the City of Kitchener & Kitchener Professional Fire Fighters’ Association (Interest Arbitration) (Fire Protection and Prevention Act, 1997)
March 10, 2008

#08627 Omstead Foods Limited & United Food & Commercial Workers Union, Local 459 (Grievance of Richard Gresser)
March 4, 2008

#07599 Munsee-Delaware Nation & Crystal Flewelling (Adjudication Under Division XIV - Part III of the Canada Labour Code - Complaint of Alleged Unjust Dismissal)
January 28, 2008

#07606 Hamilton Health Sciences & Ontario Nurses’ Association (Grievance of Paula Carroll and Union/Policy Grievance)
January 18, 2008

#07615 S. E. Freight Systems Inc. & William Mayhew (Wage Recovery Appeal Under Division XVI - Part III of the Canada Labour Code)
December 17, 2007

#06554 Corporation of the City of London & London Civic Employees’ Local Union No. 107 (Winter Control Grievances 809-05 and 902-05 - Supplementary Award)
December 12, 2007

#07600 Sterling Marine Fuels, A Division of McAsphalt Industries Limited, & Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 (Grievance of Michael Merry and Michael Martin) (Canada Labour Code)
November 29, 2007

#07616 Omstead Foods Limited & United Food & Commercial Workers Union, Local 459 (Grievance of Barbara Siddall)
October 30, 2007

#05517 City of Vaughan & Vaughan Professional Fire Fighters’ Association (Interest Arbitration - Supplementary Award) (Fire Protection and Prevention Act, 1997)
October 12, 2007

#07613 Presteve Foods Limited & National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 444 (Grievance of Chris Bailey)
September 24, 2007

#07585 Sault Ste. Marie Police Services Board & Sault Ste. Marie Police Association (Interest Arbitration - Uniform Agreement) (Police Services Act)
August 16, 2007

#07592 Ryder Logistics & Transportation Solutions Worldwide & Raymond N. Lynk (Adjudication Under Division XIV - Part III of the Canada Labour Code)
May 25, 2007

#06573 Ottawa Police Services Board & Ottawa Police Association (Andrea Cuthill Grievance) (Police Services Act)
March 31, 2007
This award is reported at (2007), 159 L.A.C. (4th) 129.

#06554 Corporation of the City of London & London Civic Public Employees’ Local Union No. 107 (Winter Control Grievances 809-05 and 902-05)
March 12, 2007

#06582 Butcher Engineering Enterprises Limited & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), and its Local 195 (Grievance of Randy Civin)
February 19, 2007

#06564 Kingston Police Services Board & Kingston City Police Association Inc. (Ontario Health Premium Grievance) (Police Services Act)
February 9, 2007

#05540 Zehrs Markets Inc. & United Food & Commercial Workers International Union, Local 175 & 633 (Grievance of Mira Klobucar)
January 24, 2007

#06568 Regional Municipality of Durham (Fairview Lodge and Lakeview Manor) & Ontario Nurses’ Association (HLDAA - Interest Arbitration)
December 19, 2006

#05532 Corporation of the City of London & London Civic Employees’ Local Union No. 107 (Canadian Union of Public Employees) (Policy Grievance 212-04 - Ontario Health Premium - Supplementary Award)
July 20, 2006

#05518 The Corporation of the County of Essex & Canadian Union of Public Employees, Local 2974.1 (Union/Policy Grievance)
July 13, 2006

#05545 Siemens VDO Automotive Inc., Tilbury & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada), Local 1941 (Grievances of Ryan Laporte)
May 29, 2006

#05541 Sun Valley Foods & United Food and Commercial Workers International Union, Local 175 (Group Grievance)
May 11, 2006

#05547 Windsor Regional Hospital & Ontario Nurses’ Association (Grievance of Sue Sommerdyk dated October 5, 2005)
April 21, 2006

#05532 Corporation of the City of London & Canadian Union of Public Employees, Local 107 (Policy Grievance 212-04 - Ontario Health Premium)
March 10, 2006

#05521 Corporation of the City of Windsor & Canadian Union of Public Employees, Local 543 - “Windsor Municipal Employees” (Grievance of Ratha Chhim, #96-04)
February 28, 2006

#05539 Detroit & Canada Tunnel Corporation & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada), Local 195 (Grievance of J. P. Sylvestre)
January 12, 2006

#05517 City of Vaughan & Vaughan Professional Firefighters Association (Interest Arbitration)
November 14, 2005

#05535 A&M Cookie Company of Canada & United Food & Commercial Workers International Union, Local 175 (Grievance of M. Watson)
November 12, 2005

#05530 Guelph Police Services Board & Guelph Police Association Inc. (Grievance of Judith Drysdale)
October 14, 2005

#05523 Greater Essex County District School Board & The Essex & Kent Counties Skilled Trades Council [affiliated with United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, U. A. Local 552] (Grievance of J. Crabb)
October 11, 2005

#05514 Prestressed Systems Inc. & Labourers’ International Union of North America, Local 625 (Grievance of Robert Venosa)
September 16, 2005
This award is reported at (2005), 143 L.A.C. (4th) 340.

#04501 Guelph General Hospital & Ontario Nurses’ Association (Group Grievance of Mary Beth Marcone and Janet Fernandez)
February 21, 2005

#04500 North Bay Police Services Board & North Bay Police Association (Interest Arbitration - Sworn and Civilian Collective Agreements)
February 9, 2005
This award is reported at (2005), 137 L.A.C. (4th) 371.

#04495 The North Bay Police Services Board & The North Bay Police Association (Grievance of Aline Major)
November 19, 2004

#04480 Hôtel-Dieu Grace Hospital & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and Its Local 2458 (Grievance of Sylvia Bonello- November 27, 2003)
November 2, 2004
This award is reported at (2004), 134 L.A.C. (4th) 246.

#03449 Corporation of the City of London & Canadian Union of Public Employees, Local 107 (John Keaney grievances)
October 15, 2004

#04489 Oxford Community Police Services Board & Oxford Community Police Association (Interest Arbitration - Civilian and Uniform Contracts)
September 24, 2004)

#04479 Hamilton Health Sciences Corporation & Canadian Union of Public Employees, Local 4800 (Individual Grievance of Hanna Quraishi)
July 21, 2004
This award is reported at (2004), 130 L.A.C. (4th) 322.

#03476 Excel Forest Products Ltd. & IWA Canada, Local 2995 (Union/Policy Grievance)
June 30, 2004

#03460 Carmeuse Lime (Beachville) Limited & Communications, Energy and Paperworkers Union of Canada, Local 3264 (Union grievance on Contracting Out)
January 10, 2004

#01394 Cambridge Stampings Inc. & United Steelworkers of America, Local 4252-04 (Group Grievance regarding breaks)
October 31, 2003 (16 pages)
This award is summarised at (2003), 75 C.L.A.S. 21 as follows:
ESTOPPEL - Termination - Group grievance - Collective agreement provided employees ten minute breaks - Employer’s long standing practice provided 13 minute breaks - Employer attempted to enforce ten minute breaks - Union grieved employer estopped from enforcing ten minute breaks - Collective agreement provided grievance and arbitration procedures, work hours and overtime provisions - Collective agreement clear - Employer made representations breaks would be longer than ten minutes - Union relied on representations - Estoppel did exist - Union failed to negotiate longer breaks - Employer enforcing ten minute break time not unfair - Employer ended long standing practice of extended break times by notification and subsequent actions - Estoppel ended - Union not entitled to longer breaks - Grievance denied.

#03445 Maple Leaf Poultry (Brampton) A Member of Maple Leaf Foods Inc. & United Food and Commercial Workers International Union, Local 175 (Union/Policy Grievance, Grievances of Kevin Calovro, Carl Parent and Joao Da Costa)
October 16, 2003 (18 pages)
This award is summarised at (2003), 75 C.L.A.S. 30 as follows:
REMEDIES - Rectification - Grievance concerning reduced wage rates for new employees since date of latest collective agreement - Employer argued mistake requiring rectification of wage rates - New letter added to most recent agreement specified lower wage rates for "new employees in Grade 1" - Schedule provided higher starting rates for "new employees" - Employer believed letter applied to new employees in seven grades - Language of agreement clear and unambiguous - Letter and schedule together gave purpose and meaning to each - Reduced rate applied only to Grade 1 new employees - Schedule applied to all other grades - No latent ambiguity in negotiating history - No mutual mistake - No inconsistent prior oral agreement - Union unaware employer mistaken - No ground for rectification on basis of unilateral mistake - No estoppel - Declaration new Grade 1 employees paid according to letter and other grades’ new employees in accordance with schedule - Grievance allowed.

#03451 Dresden Industrial (KSR Industrial Corporation) & United Food & Commercial Workers International Union, Locals 175 (Holiday Pay Grievances)
July 3, 2003 (16 pages)
This award is reported at (2003), 119 L.A.C. (4th) 250.
This award is summarised at (2003), 73 C.L.A.S. 423 as follows:
HOLIDAYS - Qualifying days - Grievance dealt with issue of whether grievors, each of whom only worked portion of day before or after Christmas holiday, qualified for holiday pay - Collective agreement required employees to work "the last regular day prior to" and "the first full scheduled work shift following" holiday to qualify - Despite inconsistent language arbitrator was not convinced parties intended "regular day" to mean part day - Purpose of "qualifying days" is to discourage employees from taking time off - Grievors were not entitled to holiday pay - Grievances dismissed.
DISCIPLINARY OFFENCES - Absence without leave - Leave work without permission - Two of the grievors claimed they had permission to leave early on day after holiday - They had inquired about leaving early because of bad driving conditions, and were told that if they left their absence would be unexcused and they would be subject to discipline - Grievors concluded they had permission to leave - Arbitrator concluded that if absences were unexcused they were not permitted.
REMEDIES - Rectification - Employer argued collective agreement language did not reflect true agreement of parties - Employer said union had agreed to earlier proposal - Evidence indicated earlier proposal had been revised and initialled by two chief negotiators - Neither had independent recollection of negotiations - Arbitrator not persuaded written and signed collective agreement contained mistake.

#03454 United Rentals (Sarnia Branch) & International Union of Operating Engineers, Local 793 (Termination Grievance of Gerry Butler)
June 6, 2003 (16 pages)
This award is summarised at (2003), 73 C.L.A.S. 341 as follows:
DISCIPLINARY OFFENCES - Work relationships - Threatening - Grievor discharged for threatening fellow employees - Arbitrator preferred testimony of employer witnesses who recounted grievor making very general threats that they did not expect him to act on - Threats were not premeditated, and, while grievor’s refusal to take responsibility was not ideal, seriousness of threats did not warrant discharge - Grievor’s long service record also mitigated in favour of lighter penalty - One month suspension without pay substituted for discharge.

#02434 The Regional Municipality of Waterloo & Canadian Union of Public Employees, Local 1883 (Grievance of Terry Caul)
April 7, 2003 (11 pages)
This award is summarised at (2003), 73 C.L.A.S. 98 as follows:
SKILL AND ABILITY - Applications - Lay-off and recall - Grievor avoided lay-off by bumping into lesser position - Collective agreement provided bumping employee must already possess necessary skills, qualifications, abilities and competence without further training - Whether grievor had necessary skills, qualifications, abilities and competence for position sought - Union argued test in agreement required grievor to be able to do job - Grievor need not be best person for position - Employer argued grievor lacked sufficient experience - Onus on union to demonstrate grievor can do work within familiarization period - Union failed to demonstrate sufficient evidence - Grievance dismissed.

#02414 Corporation of the City of London & Canadian Union of Public Employees, Local 107 (Group Grievance - Job Evaluation)
November 14, 2002 (17 pages)
This award is summarised at (2002), 71 C.L.A.S. 80 as follows:
JOB EVALUATION - Re-evaluation - Employer introduced job evaluation project - Parties agreed on comprehensive job evaluation plan - Parties unable to agree on disagreeable work conditions for equipment operators - Collective agreement provided job evaluation provisions - Equipment operators exposed to major disagreeable working conditions on continuous basis - Equipment operators entitled to higher disagreeable conditions rating - Grievance allowed.

#02415 Cold Springs Farm Ltd. & Canadian National Federation of Independent Unions (Grievance of Richard Bull - interim award)
July 9, 2002 (9 pages)
This award is summarised at (2002), 69 C.L.A.S. 333 as follows:
ARBITRABILITY - Settlement - Grievance concerning termination - Employer argued that grievance had been settled - Employer made offer of settlement - Evidence did not establish positive act of acceptance by union - Reinstatement of employee prior to offer did not constitute acceptance of offer, neither did employee’s continued service - No meeting of minds as to settlement - Preliminary objection dismissed.

#02413 Heckett, Division of Harsco Corporation & United Steelworkers of America, Local 8782 (Grievance of Tom White)
June 13, 2002 (12 pages)
This award is summarised at (2002), 69 C.L.A.S. 189 as follows:
DISCIPLINARY OFFENCES - Dishonesty - Theft - Grievor discharged for theft - Grievor long-term employee with no prior discipline record - Grievor acted improperly in entering locked area and taking coffee and work gloves - Conduct deserved discipline - Dismissal excessive - Two-week suspension substituted - Grievor reinstated without seniority loss - Grievor compensated for lost wages and benefits - Grievance partially allowed.

#01397 The Regional Municipality of Hamilton-Wentworth Police Services Board & The Hamilton-Wentworth Police Association (Union grievance regarding signing for annual leaves)
January 14, 2002 (14 pages)
This award was issued under the Police Services Act
This award is reported at (2002), 105 L.A.C. (4th) 139.
This award is summarised at (2002), 68 C.L.A.S. 113 as follows:
MANAGEMENT RIGHTS- Discretion - Entitlement to change annual leave days - Use of "will be allowed" and "shall be allowed" conferring entitlement upon employee to change days - Employer not having discretion to refuse change if required notice given - Grievance partially allowed.
COLLECTIVE AGREEMENT - Implied terms - Employees allowed to change annual leave days with notice - Period of notice not defined - Imposition of three-week notice period improper - Implicit that notice be reasonable notice - Intention that notice be sufficient to allow employer to meet collective agreement and statutory obligations to provide effective police service and to meet minimum strength requirements - Grievance partially allowed.

#01393 National Steel Car Limited & United Steelworkers of America, Local 7135 (Group Grievance - Pay Periods)
November 15, 2001 (12 pages)
This award is summarised at (2001), 67 C.L.A.S. 26 as follows:
WAGES - Mode of payment - Employees paid weekly - Employer changed pay period to bi-weekly - Union grieved pay period change - Collective agreement did not expressly provide for weekly pay - Collective agreement required regular pay day - Collective agreement did not imply employer required to pay employees weekly - Employer had valid business reasons to change pay period - Employer acted reasonably - Employer provided union required notice of change - Employer did not violate collective agreement - Grievance denied.

#01380 National Automobile, Aerospace, Transportation and General Workers Union of Canada - (C.A.W.-Canada) & Retail Wholesale Canada, Canadian Service Sector, Division of the United Steelworkers of America, Local 448 (Grievance of Rick Gingrich regarding child care benefits)
June 22, 2001 (8 pages)
This award is summarised at (2001), 64 C.L.A.S. 303 as follows:
BENEFITS - Entitlement to coverage - Failure to pay child care benefits - Grievor claimed amounts paid to his eldest child to care for youngest child - Collective agreement provided employees reimbursed for child care costs up to a maximum amount - Grievor met collective agreement requirements - No evidence parties intended only certain types of child care reimbursed - Grievor’s oldest child did provide child care - Collective agreement contemplated wide variety of child care arrangements - Collective agreement not ambiguous - Employer directed to reimburse grievor child care costs up to maximum - Grievance allowed.

#01371 Walker Exhausts & United Steelworkers of America, Local 2894 (Policy Grievance - Pension Bridge)
April 12, 2001 (13 pages)
This award is summarised at (2001), 63 C.L.A.S. 283 as follows:
PENSIONS - Employer’s pension plan provided additional bridge benefit payments for retiring employees meeting benefit requirements - Amended pension provisions allowed early retirement for employees when age and years of service totalled 90 - Union grieved early retirees entitled to bridge benefit payments - Parties intended to amend collective agreement provisions to allow early retirees to receive unreduced pension - Parties did not intend to amend bridge benefit provisions - Collective agreement did not extend bridge benefits to employees electing early retirement under amended pension provisions - Employees who elected early retirement not automatically entitled to bridge benefit - Employees required to meet bridge benefit requirements - Grievance denied.

#00360 Interforest Ltd. & I.W.A. - Canada, Local 500 (Group Grievances)
February 16, 2001 (13 pages)
This award is summarised at (2001), 63 C.L.A.S. 151 as follows:
DISCIPLINARY OFFENCES - Absence without leave - Leave work without permission - While grievors may have told supervisor they were leaving work, none suggested anything supervisor said or did indicating permission was being granted to leave work - Only one of eight grievors obtained permission to leave work - Leaving in middle of shift disrupted employer’s operations - Written warning reasonable discipline.
HOLIDAYS - Holiday pay - Entitlement - Collective agreement specifies employees must have “completed” last shift in order to qualify for holiday pay - Since seven grievors did not work entire shift before statutory holiday, and since they did not receive permission to leave work, they did not fall within exception for receiving holiday pay - Grievors not qualifying for holiday pay.

#00357 Zehrs Markets, a Division of Zehrmart Limited & United Food and Commercial Workers Union, Local 1977 (Union Policy Grievances - Vacation Pay)
February 9, 2001 (7 pages)
This award is summarised at (2001), 63 C.L.A.S. 143 as follows:
VACATION - Calculation of vacation pay - Collective agreement provided for vacation pay as percentage of “gross wages” - Correct interpretation of collective agreement requires employer to add all amounts earned during relevant period for all reasons included in gross wages definition, excluding vacation pay which parties agreed was not to be included in gross wages - Vacation pay then determined by taking appropriate percentage.

#98290 Victoria Manor & Service Employees' Union, Local 210 (Union/Policy Grievance)
November 10, 2000 (14 pages)
This award is summarised at (2000), 62 C.L.A.S. 80 as follows:
DISABILITY - Sick leave - Entitlement - Collective agreement provided annual payment for unused sick leave days - Previous collective agreement did not provide annual payment for unused sick leave - Union grieved employees entitled to annual payment for unused sick leave accumulated prior to current collective agreement - Language ambiguous - Parties intended employees entitled to payment of accumulated unused sick leave under previous and current collective agreements - Employer required to pay employees for accumulated sick leave time - Employer required to pay interest on unpaid amount - Grievance allowed.

#00335 Zehrs Markets, a Division of Zehrmart Limited & United Food and Commercial Workers Union, Local 1977 (Grievance of Steve Rowley)
May 6, 2000 (22 pages)
This award is summarised at (2000), 60 C.L.A.S. 171 as follows:
PROCEDURE - Non-suit - Some evidence from which one might find grievor to be qualified or suitable for assistant manager position - Evidence establishes prima facie case - Union led evidence from which arbitrator might assess successful candidate’s ability for position and which could be used to compare him with grievor - Non-suit motion dismissed.
SKILL AND ABILITY - Use of seniority - Relatively equal qualifications - Grievor qualified to be assistant store manager - No junior applicant demonstrably superior to grievor - Grievor was at least “approximately equal” to junior applicants - Since successful applicant was not “suitable”, employer violated collective agreement in appointing him assistant store manager - Grievor to be appointed to position - Grievance allowed.

#98293 Siemens Canada Ltd., Tilbury & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada), and its Local 1941 (Grievance of Darryl B. Norman - supplementary award)
June 28, 2000 (6 pages)
(See next summary)
This award is summarised at (2000), 61 C.L.A.S. 26 as follows:
PROCEDURE - Adjournment - Availability of counsel - Award reinstated grievor - Parties unable to agree on grievor’s reinstatement - Union counsel unable to attend subsequent hearing and requested adjournment - Employer opposed adjournment request and requested costs - Collective agreement provided any charges incurred as a result of postponement or cancellation borne by requesting party - Union’s request for adjournment granted - Union obligated to pay employer counsel’s fees and expenses for attendance.

#98293 Siemens Canada Ltd., Tilbury & National Automobile, Aerospace,Transportation and General Workers Union of Canada (CAW - Canada), and its Local 1941 (Grievance of Darryl B. Norman)
November 9, 1999 (16 pages)
This award is reported at (1999), 84 L.A.C. (4th) 340.
This award is summarised at (1999), 58 C.L.A.S. 215 as follows:
DISCIPLINARY OFFENCES - Absence without leave - Reasonable excuse - Discharge grievance - Grievor absent for three consecutive work days due to back injury - Grievor produced physician's note - Grievor observed repairing vehicle while absent - Grievor terminated for absence without satisfactory reason - Evidence indicated grievor not totally disabled - Collective agreement provided termination for three consecutive days without satisfactory reason or failure to notify employer - Grievor followed physician's advice not to work - No evidence grievor failed to provide satisfactory reason for absence - Grievor reinstated without wage, seniority or benefit loss - Grievance allowed.

#99318 Canadian Waste Services Incorporated & United Food and Commercial Workers International Union, Local 175 (Union/Policy Grievance - Overtime Pay)
October 29, 1999 (15 pages)
This award is reported at (1999), 85 L.A.C. (4th) 73.
This award is summarised at (1999), 57 C.L.A.S. 414 as follows:
PREMIUM PAY - Overtime - Calculation - Collective agreement provides for hourly rate and incentive pay system for recycling drivers - Drivers normally paid on incentive system based on tonnage of materials collected - Given that drivers normally paid based on incentive rate, overtime rate based on hourly rate might well be no increase - Parties intended overtime pay to be multiple of amount drivers actually earned each hour during the week - Employer must pay drivers difference between amount already paid and amount which would have been paid using multiple of incentive rate for relevant week - Grievance allowed.

#99304 Hotel-Dieu Grace Hospital & Service Employees International Union, Local 210 (Union/Policy Grievance - Call-in Procedures)
September 14, 1999 (15 pages)
This award is summarised at (1999), 57 C.L.A.S. 325 as follows:
MANAGEMENT RIGHTS - Good faith - Policy grievance regarding scheduling and call-in procedure - Employer operated hospital at two sites - Employer prepared three consecutive proposals for overtime scheduling - Last proposal included in collective agreement - Following ratification employer developed written guidelines to ensure proper and consistent operation of scheduling provisions - Guidelines did not violate collective agreement - Employer's manner in administering guidelines complied with collective agreement - Employer free to manage as it wished provided its actions complied with collective agreement - Labour Relations Act, 1995 provided parties shall bargain in good faith and make every reasonable effort to make collective agreement - No basis to conclude employer violated duty to bargain in good faith - No evidence employer intended to issue guidelines based on withdrawn proposals - No evidence employer withheld information - Grievance dismissed.

#99312 St. Joseph's Health Centre and Canadian Health Care Workers Union (Individual Grievance)
May 14, 1999 (9 pages)
This award is summarised at (1999), 56 C.L.A.S. 53 as follows:
HOLIDAYS - Holiday pay - Calculation - Grievor worked qualifying days at one site and actually worked on two holidays at other site - Pay for work is based on pay rate in collective agreement in place at location where work performed - Most employees would expect pay on holiday to be multiple of pay rate at location where they work on that holiday - Common sense and practical realities suggest parties intended holiday pay be calculated using same rate of pay rather than one for work and another rate for holiday pay.
HOLIDAYS - Holiday pay - Calculation - While employee may work in two locations there is only one employer - If employee does not work on statutory holiday, in order to qualify for holiday pay employee must have worked for employer on at least twelve days in four work weeks immediately preceding holiday, regardless of location of that work - If employee does not work on statutory holiday but qualifies for statutory holiday pay, employee qualifies for holiday pay by working at two locations, thus at two pay rates - Pay rate for holiday pay to be based on rate of pay where employee worked the greater number of days during qualifying period.

#98298 Zehrs Markets and United Food and Commercial Workers International Union, Local 1977 (Individual Grievance)
April 21, 1999 (14 pages)
This award is summarised at (1999), 56 C.L.A.S. 6 as follows:
DISCIPLINARY OFFENCES - Dishonesty - Theft - Grievor stole company merchandise - No collective agreement provision specifying dismissal for theft - Grievor acknowledged seriousness with which employer treated theft and knew response to theft was discharge - Grievor's conduct not amenable to correction through some lesser penalty - Mitigating factors do not suggest discharge excessive - Discharge maintained - Grievance dismissed.

#99305 Falcon Tool & Die 1979 Ltd. & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada), Local 195 (Individual Grievance)
March 24, 1999 (10 pages)
This award is summarised at (1999), 55 C.L.A.S. 289 as follows:
DISCIPLINARY ACTION - Nature of disciplinary sanctions - Resignation distinguished - Collective agreement provisions no longer apply to employees who resign their employment - Resignation must be voluntary and conscious act - Employer's requirement that grievor seek medical assistance for phobia if she wished to remain off shell job does not constitute duress sufficient to invalidate her expressed intention to resign - Grievor had capacity to form intention to resign - Grievor's resignation valid - Grievance dismissed.

#98275 Dashwood Industries Limited & United Brotherhood of Carpenters and Joiners of America, Local 3054 (Union/Policy Grievance regarding contracting out)
March 19, 1999 (17 pages)
This award is summarised at (1999), 55 C.L.A.S. 285 as follows:
CONTRACTING OUT - Contractors and employees distinguished - Third part company, not employer, has "overriding control" of work and workers - Company selects, hires, trains, supervises, monitors work performance and evaluates, assigns duties, and pays drivers and helpers - Employees integrated into company's business not employer's business - Since delivery function now performed by company employees, employer has contracted out delivery function.
CONTRACTING OUT - Bargaining unit work - Contracting out not prohibited by collective agreement - Evidence not sufficient to determine whether current distribution method more expensive - Allegation of bad faith not proved - Even if contracting out of delivery based on mistake concerning costs, such mistake would not violate collective agreement - Nothing supports representation that employer would continue to deliver its own products - Grievance dismissed.

#97239 CAMI Automotive Inc. & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada), Local 88 (Individual Grievance)
March 12, 1999 (27 pages)
Previous award reinstated grievor and remitted issue of compensation to parties - Compensation issues not resolved - Union sought benefits under benefit plan or amount equivalent to benefits - Employer submitted collective agreement prevented arbitrator from interpreting or enforcing benefit program - Union submitted provisions preventing arbitration were contrary to Labour Relations Act, 1995, Section 48 - Held that agreement on its face showed parties' intention to prevent arbitration of benefit disputes - However, Section 48(1) of Labour Relations Act, 1995 requires that collective agreement provide for arbitration of all differences - Agreement did not so provide - Section 48(2) of Labour Relations Act, 1995 includes an arbitration provision that is deemed to be included in collective agreement when agreement not providing for arbitration - Benefit dispute can be resolved using deemed arbitration provision - Also Court of Appeal directing how Section 48(1) to be applied and using that approach the restriction on arbitration is void - Arbitrator has jurisdiction to interpret and enforce benefit provisions - Matter to be scheduled for further hearing.
This award is summarised at (1999), 55 C.L.A.S. 202 as follows:
ARBITRABILITY - Statutory requirement to arbitrate - Arbitrator issued previous award reinstating grievor and referring issue of compensation to parties - Dispute arose involving benefit program - Collective agreement included benefit program covering absences from work due to accident, sickness, and extended disability - No difference arising under program to be subject to grievance procedure - Employer argued arbitrator without jurisdiction - Clear language in collective agreement - Parties intended that arbitrators would not have jurisdiction over benefit issues - Previous arbitration decision had come to same conclusion - Limitation on access to arbitration contrary to Labour Relations Act provision requiring collective agreements provide for arbitration of all differences - Jurisprudence on issue of limiting access to arbitration reviewed - Matter scheduled for hearing - Objection dismissed.

#98291 CAMI Automotive Inc. & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada), Local 88 (Union/Policy Grievance)
January 14, 1999 (13 pages)
This award is summarised at (1999), 54 C.L.A.S. 461 as follows:
ESTOPPEL - Elements - Employer has managerial discretion where to hold communications meeting - Nothing employer said during negotiations about meeting location which would now make it unfair for it to move meetings - Employer did not represent to union that rest areas would remain as location for meetings or that it was forgoing its management right to relocate meetings - Grievance denied.

#98286 GKN Walterscheid Canada Inc. & International Association of Machinists and Aerospace Workers, Local Lodge No. 1703 (Individual Grievance)
January 8, 1999 (10 pages)
This award is summarised at (1999), 54 C.L.A.S. 427 as follows:
INTERPRETATION - Words and phrases - "Perfect attendance" - Bonuses available to employees "with perfect attendance" in any month - While grievor was at work at all relevant times he forgot to "swipe" time card on one occasion - Employer memos setting out its interpretation of how it intended to treat absences in determining bonus did not clearly deal with late punching in or swiping of computer card - Absent compelling argument to contrary, "perfect attendance" means being at work for all scheduled hours - Grievor attended work throughout month and had perfect attendance and is entitled to bonus - Grievance allowed.

#98292 Windsor-Essex County Real Estate Board & Service Employees' Union, Local 210 (Individual Grievance)
January 6, 1999 (14 pages)
This award is summarised at (1999), 56 C.L.A.S. 186 as follows:
DISCIPLINARY OFFENCES - Work performance - Carelessness - Grievor bookkeeper, with 17 years' seniority, suspended for three days for error which she reported the next time she and her supervisor were at work - Internal audit supported grievor's version of events - Greivor made bank deposits and accidentally deposited sum of employer money to her personal account - As soon as the error discovered she rectified it and reported it - Grievor acted without sufficient care to detail - Employer concered because of delay in reporting error - Grievor believed she reported to Executive Officer but employer had changed reporting relationships so that for some matters, including one of this type, grievor reported to assistant to executive - Grievor's error was one of inattention - Grievor's action in waiting to report to executive officer was appropriate and not deserving of discipline - Grievor's first error in lengthy employment relationship - Penalty of three-day suspension not justified - Verbal warning substituted - Grievance allowed.

#98282 Waterloo Furniture Components Ltd. & United Steelworkers of America, Local 7155 (Individual Grievance)
October 13, 1998 (16 pages)
Interim award
This award is summarised at (1998), 53 C.L.A.S. 369 as follows:
DISCIPLINARY ACTION - Procedural requirements - Union representation - Parties intended reference to "the employee's steward" to be broadly interpreted - "The employee's steward" does not precisely indicate any group of persons parties intended to cover other than that persons should have role in administering collective agreement - While local president and internationl union representative would be included, union steward from another union would not be included - Purpose of provision to allow for union representation at disciplinary meetings - Grievance dismissed.
DISCIPLINARY ACTION - Procedural requirements - Union representation - Individual who attended meeting at which grievor discharged was representative of union who was active in grievance administration for local union with employer and meets interpretation of "the employee's steward" - Individual's presence at discharge meeting met collective agreement requirement - Employer did not violate collective agreement - Grievance dismissed.

#98277 Cuddy Food Products & United Food & Commercial Workers International Union, Local 175 (Policy grievance)
July 22, 1998 (8 pages)
This award is summarised at (1998), 53 C.L.A.S. 190 as follows:
PREMIUM PAY - Overtime - Distribution - Overtime provisions based solely on seniority, with no requirement for employer to equalize overtime opportunities - Overtime distributed solely by means of canvass - Weekend overtime offered first within department - Language on canvass for volunteers indicates parties did not express clear intention to deviate from normal use of seniority - Wording of provisions and general use of seniority, including purpose of canvass, support conclusion that employer required to canvass within department only one time for volunteers for weekend overtime.

#98271 Accurcast Division of Meridian Operations Inc. & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada), and its Local 351 (Union/Policy Grievance regarding pay for weekend employees working on a holiday)
June 17, 1998 (11 pages)
This award is summarised at (1998), 53 C.L.A.S. 67 as follows:
HOLIDAYS - Holiday pay - Entitlement - Appropriate pay rate for weekend employees who worked on paid holiday - Specific provision regulating employment of weekend employees says nothing about pay they should receive for working on paid holiday - Subject to certain qualifications general provisions in other collective agreement articles were intended to apply to weekend employees - Since specific provision governing weekend employees does not address payment for work on holiday, more general provision that addresses such issue is applicable.
HOLIDAYS - Holiday pay - Calculation - Appropriate pay rate for weekend employees having worked on paid holiday - While weekend employees ordinarily receive higher rate than weekday employees it is because they are working on days on which premium pay would be paid to regular weekday employees - Weekend employees ordinarily receive premium rate and when they worked on holiday they were entitled to receive two times "straight time rate" - When weekend employees worked on holidays they were entitled to receive double the straight time rate, being double the wage rates specified in agreement and not double the premium rates they normally received.

#98267 Siemens Canada Limited & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada), and its Local (Individual Grievance)
May 6, 1998 (13 pages)
This award is summarised at (1998), 52 C.L.A.S. 262 as follows:
JOB POSTING - Entitlement to apply - Grievor, operator on C shift, grieved failure of employer to award him position of back up stock controller on B shift - Employer argued grievor not eligible for consideration as back up since current "bid position" was on C shift - Practice of disqualifying as back up any employee who successfully bid on a job on another shift - Union did not know employer followed that approach in choosing employees for back up positions - Collective agreement provided that company was "to select employees based on their seniority, availability and ability to assume back up positions" and that "back up roles will be identified by the classification and shift" - Issue was whether back up employess required to hold bid position and work regularly on same shift as person for whom they act as back up - Issue not addressed directly in agreement - Previous decision between parties binding - Prior award decided that back up employee not required to be working same shift as person being backed up - Parties bound by award - Grievor awarded position of back up stock controller - Grievance allowed.

#97252 Imperial Parking Ltd. & London & District Service Workers' Union, Local 220 (Individual Termination Grievance)
April 30, 1998 (28 pages)
This award is summarised at (1998), 52 C.L.A.S. 322 as follows:
DISCIPLINARY OFFENCES - Dishonesty - Theft - No evidence in support of contention that someone may have replaced grievor's cashier tickets with disputed tickets in order to frame him - Disputed tickets belonged to grievor - Auditor's conclusion of theft is consistent with ticket problems and all evidence except grievor's denial - Under circumstances grievor's denial not believable - Evidence establishes grievor stole from employer or "knowingly misappropriated company funds" - Discharge upheld - Grievance denied.

#97239 CAMI Automotive Inc. & National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada) and its Local 88 (Individual Termination Grievance)
March 30, 1998 (33 pages)
This award is summarised at (1998), 52 C.L.A.S. 169 as follows:
DISCIPLINARY OFFENCES - Dishonesty - Grievor discharged for engaging in activities inconsistent with stated disability - Based on surveillance information employer believed grievor not injured at all, greatly exaggerating injury or showed recklessness and disregard for obligation to recover health and return to work - Central issue was grievor's work for other employer involving physical activity - No suggestion that grievor fabricating existence of original injury - Grievor rejected light work offered to him by employer - Under collective agreement parties bound by opinion of designated physician - Designated physician concluded grievor unemployable - Grievor's refusal to take modified work consistent with medical opinion and did not warrant discipline - Employee on sick leave still has obligations to employer - Nothing in collective agreement prevented grievor from working elsewhere - Other work must not interfere with obligations to first employer - Other employment involved considerable risk to health given injury - Grievor had obligation to recover health so as to return to work - Breach of obligation warranted discipline - Dismissal excessive response - One month suspension without pay substituted.

#98258 Central Park Lodges Ltd. & Service Employees' Union, Local 210 (Individual Termination Grievance)
March 16, 1998 (15 pages)
Interim Award
This award is summarised at (1998), 51 C.L.A.S. 448 as follows:
DISCIPLINARY ACTION - Prodcedural requirements - Consequences of breach - Preliminary award - Employer failed to provide grievor and union with letter confirming discharge and giving discharge reasons as provided for in collective agreement - Grievor dismissed at meeting with employer in presence of union representative - Particulars of discharge requested on numerous occasions by union - Reasons for discharge only provided six weeks after termination - While collective agreement required reasons to be given at time of discharge, parties did not intend that letter had to be provided to employee at end of disciplinary meeting - Employer may impose discipline orally and provide letter shortly thereafter - Six weeks longer that contemplated by agreement - Right to discharge letter contrasted with right to union presence at disciplinary meeting - Presence of union representative integral to disciplinary procedure - Letter follows discipline as opposed to being essential part of imposition of discipline - Where employer erred in actual imposition of discipline, remedy for breach would be nullification of discipline - Collective agreement does not require complete setting aside of discipline due to late provision of discharge letter - Provision of letter would not have altered timing or form of grievance - Grievance filed on same day as discharge meeting - Union received full reasons one week prior to hearing - Union's ability to address substance of dismissal not substantially prejudiced - Employer breached collective agreement but nullification of discharge not appropriate remedy.

#97240 IMT - A Division of Canron Inc. & The United Steelworkers of America and Local 2918 of The United Steelworkers of America (Union/Policy Grievance regarding shift schedules)
February 3, 1998 (21 pages)
This award is summarised at (1998), 51 C.L.A.S. 85 as follows:
WORK SCHEDULING - Shifts - Rotation - Collective agreement does not restrict employer's right to establish midnight shift - Based on settlement of earlier grievance and actual scheduling practice, production employees on midnight shift who do not wish to rotate not required to do so - Since no production employees wished to rotate no requirement that rotation occur among production employees - Since union specifically authorized employer to negotiate with employees rather than union about rotation period, employer not violating Labour Relations Act - Grievance denied.
PREMIUM PAY - Overtime - Entitlement - Parties expected that employee would not receive overtime rates for Sunday work - Midnight shift constitutes "third shift" - Collective agreement states that when third shift commences on Sunday, hours on Sunday to be paid at regular straight time rates plus appropriate shift premium - Grievance denied.

#97246 Natrel (Ontario) inc. & Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647 (Bumping Rights grievances)
January 7, 1998 (16 pages)
This award is summarised at (1998), 50 C.L.A.S. 315 as follows:
LAY-OFF - Bumping rights - Employees in plant being sold or closed could exchange their seniority rights to bump into other plant - Effect of using seniority to bump into closing plant would be to ensure that employee's unemployment - Triggering event for exercise of seniority rights by employees was intended to be sale or closure of employee's own plant - Employees at plant which was neither sold nor closed were not entitled to exercise seniority to bump into closed plant - Grievances denied.

#97228 Nestlé Canada Inc. & Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647 (Individual Grievance)
November 24, 1997 (31 pages)
This award is summarised at (1998), 51 C.L.A.S. 290 as follows:
DISCIPLINARY OFFENCES - Absence without leave - Reasonable excuse - Discharge for failure to provide satisfactory proof for continued absence from work - Grievor had interpersonal conflicts with co-worker F. and after incident became upset, complained to plant manager and left work early - Grievor wrote formal complaint against F. - Employer accepted all grievor's allegations against F. as factual and disciplined F. with written warning - Absence after stressful incident understandable but grievor's own doctor approved return to work as long as there was no contact with F. - Employer addressed cause of grievor's stress, disciplined F. and set out expectations for F. at work - Grievor's continued refusal to return to work cause for discipline - Board considered as mitigating factors grievor's illness, the employer's failure to advise grievor what deficiencies in medical notes were and failure of employer to accommodate grievor - Grievor did not fully understand consequences for her employment of her continued absence from work - Discharge too severe - Picketing at employer's plant and banner protesting grievor's discharge insufficient to deny grievor reinstatement - Grievor to be reinstated without compensation but without loss of seniority and one-month suspension - Grievance allowed in part.

#97225 Alert Care Corporation, c.o.b. as Oxford Manor Retirement Home, and Christian Labour Association of Canada (Union and Group grievances)
August 23, 1997 (22 pages)
Employer discussed new work schedule with Union - Schedule implemented without the agreement of the Union - Collective agreement required Union's agreement for introduction of new work schedule - Union agreement not to be "unreasonably withheld" - Union grieved implementation - Employer argued Union unreasonably withheld agreement for new schedule - Employer action in violation of agreement as Union did not agree to new schedule - Proper approach for Employer would have been Employer grievance - Even if Union in violation of its duty, such violation not valid defence for Employer actions - Union agreement not unreasonably withheld - Employer directed to reinstate old work schedule.

#97227 The Essex County Roman Catholic Separate School Board and Service Employees' Union, Local 210 (Individual grievance regarding compassionate leave)
July 26, 1997 (16 pages)
This award is reported at (1997), 65 L.A.C. (4th) 85.
This award is summarised at (1997), 48 C.L.A.S. 571 as follows:
LEAVE OF ABSENCE - Bereavement leave - Relationships - Issue whether five days of leave were calendar days or working days and whether grievor's stepfather qualified as parent - Grievor's request for leave was first under new language - Word "calendar" before "days" deleted - Bereavement leave provision refers to "working days" as opposed to calendar days - "Parent" not restrictive term - Grievor's stepfather was father figure to him and provided him with financial, emotional and social support of sort normally received from parent - Grievor entitled to two days' leave with pay - Grievance allowed.

#97224 Optec D. D. Canada Inc. & United Steelworkers of America, and its Local 3997 (Policy grievance regarding temporary transfers)
July 15, 1997 (14 pages)
This award is summarised at (1997), 49 C.L.A.S. 219 as follows:
WAGES - Entitlement - Temporary transfers - Pay rate for newly hired employees who are temporarily transferred for more that one shift - Collective agreement provides that transferred employee may be paid rate of job to which employee transferred - New hire rates - After 18 months employees move to job rate - Issue whether new hire should be paid rate of job to which employee transferred or new hire rate - All new employees receive minimum hiring rate no matter what job they are hired to do - Four rates of pay for each job - An employee transferred would receive rate of pay for someone doing that job with that same number of months' employment - Employer interpretation does not lead to anomalies of different pay rates among employees at same level of experience - Grievance dismissed.

#97202 Zehrs Markets Inc., Division of Zehrmart Limited, & United Food and Commercial Workers International Union, Locals 175 & 633 (Individual grievance)
June 25, 1997 (27 pages)
This award is summarised at (1997), 49 C.L.A.S. 243 as follows:
EVIDENCE - Admissibility - Grievor, alcoholic, began treatment program after first day of hearing and subsequently testified about progress in program - Employer argued evidence of events occuring after start of hearing inappropriate - Union argued evidence relevant and case still open - Post-discharge evidence relevant - Evidence not manufactured to bolster union's position - Time events occurred might affect weight of evidence - Evidence admissible.
DISCIPLINARY OFFENCES - Intoxicants - Addiction - Grievor dismissed for absence without leave and failure to notify - Union argued grievor's actions related to alcoholism and grievor in rehabilitation - Employer argued grievor claimed alcoholism only after dismissal - Employer argued progressive discipline followed and grievor's prospects of recovery poor - Grievor's conduct related to alcoholism - Good possibility of grievor maintaining sobriety - Grievor reinstated conditionally without back pay - Grievance allowed.

#96173Listowel Memorial Hospital and London and District Service Workers' Union, Local 220 (Individual grievance)
May 28, 1997 (18 pages)
This award is summarised at (1997), 48 C.L.A.S. 149 as follows:
WORK SCHEDULING - Shifts - Changes in shift schedule - Grievor alleged employer arbitrarily reassigned two of her shifts to other part-time employees - Employer argued reassignment of grievor's shifts necessary to ensure grievor received five consecutive days off - Union argued five-day rule only applicable to full-time and not part-time employees - Employer argued reassignment component of management rights - Employer reasonably applied management right to reassign shifts - Grievance denied.
MANAGEMENT RIGHTS - Reasonableness and fairness - Grievor alleged employer unfairly and arbitrarily reassigned two of her shifts to other part-time employees - Employer argued reassignment reasonable component of management rights - Reasonableness of reassignment by employer determined based on objective test of legitimate business considerations - No evidence reassignment by employer based on any factor other than legitimate business reasons - Grievance denied.

#97200 Culinar Foods Inc. and American Federation of Grain Millers International Union, Local 242 (individual grievances)
May 15, 1997 (21 pages)
This award is reported at (1997), 63 L.A.C. (4th) 300.
This award is summarised at (1997), 47 C.L.A.S. 431 as follows:
SKILL AND ABILITY - Criteria - Suitability - Employer acknowledging, absent safety concerns, grievor entitled to positions and to succeed in grievances - Work of mogul operator involves dangerous work - Evidence not sufficiently establishing grievor prone to becoming flustered when mogul machines break down - Despite grievor's injuries from previous accidents, on balance of probabilities no reasonable basis to assert grievor presents greater than normal safety risk - Employer cannot override result which would otherwise flow from collective agreement - Grievances allowed.

#97212 Hydra-Dyne Industrial Cleaning Services Ltd., referred to as Hydra-Dyne High Pressure Water & Vacuum, and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128 (individual grievance)
May 13, 1997 (18 pages)
This award is summarised at (1997), 47 C.L.A.S. 370 as follows:
DISCIPLINARY ACTION - Company rules - No employer rule covering use of vehicle when employee returning from out-of-town job stops for several hours - Grievor's use of company vehicle for several hours leaving vehicle unavailable to company - Vehicle containing equipment central to company's business - Employer not having to promulgate rules against use of vehicles in these circumstances - Grievor's use of vehicle improper - Grievance allowed in part.
DISCIPLINARY PENALTIES - Mitigating factors - Condonation - Grievor improperly occupying company vehicle for several hours for personal use - Vehicle important to company business - Personal use of vehicle by employees out-of-town not affecting availability of vehicle for company purposes - Use of vehicle by grievor qualitatively different from other situations - Grievor's record for unrelated matters - Employees openly use vehicles for similar purposes - One-day suspension substitued for two-week suspension - Grievance allowed in part.

#96183 International Care Corporation, carrying on business as Chateau Park Nursing Home, and Service Employees' Union, Local 210 (individual grievance)
April 29, 1997 (20 pages)
This award is summarised at (1997), 48 C.L.A.S. 63 as follows:
DISCIPLINARY OFFENCES - Work performance - Abusive conduct - Grievor discharged for numerous reasons including safety violations and improper care of nursing home residents - Higher standard of care required of grievor in nursing home surroundings - Substitution of lesser penalty appropriate only where expectation future conduct will improve - Grievor made no apology and showed no remorse - No acceptance by grievor of inadequate performance - No basis for conclusion grievor's care of residents would improve - Discharge appropriate - Grievance denied.

#96179 Cuddy Food Products and United Food and Commercial Workers International Union, Local 175 (Individual Grievances - Interim Award)
March 13, 1997 (31 pages)
This award is reported at (1997), 63 L.A.C. (4th) 365.
This award is summarised at (1997), 48 C.L.A.S. 128 as follows:
EVIDENCE - Privilege - Grievance procedure communications - Employer motion for production of notes of several union stewards with respect to an alleged assault by grievor of employee F. - Union unaware of notes when motion made and objected to their production as not relevant and further that they were subject to litigation and/or evidentiary privileges - Claims for privilege are fact based and must be decided on individual basis - Grievor and another employee M. alleged to have mishandled food in attempt to spill product - F. complained about grievor and M. to management and employer investigated - Grievor became aware F. had complained and F. alleged grievor subsequently assaulted him - F. called as employer witness - Union used documents prepared by union stewards to contradict F.'s testimony - Other notes prepared by union stewards in conducting investigation of incident - Documents sought arguably relevant as they were notes of recollections of events to have been made shortly after event - Disclosure designed to aid speedy resolution of grievances and minimize adjournments caused by surprise - For litigation privilege to attach material must have been prepared when litigation was pending or was reasonably contemplated - Material also has to have been prepared for purposes of litigation - Reasonable for union to have been contemplating litigation when grievor was advised of F.'s allegations and that grievor was to be sent home - Where stewards did not testify as to purposes for which notes were prepared could not have been prepared to further the grievance - Stewards B. and P. testified - Steward B. was acting as grievor's steward and as such her notes of private meeting with grievor were found to have been prepared principally for purpose of advancing grievance - Notes prepared by steward B. of interviews carried out by the employer with the grievor and other employees not found to have been prepared in furtherance of the grievance but in steward's capacity as witness - Steward P. who conducted an investigation for union took notes - Dominant purpose of notes of conversations was not to further the grievance and thus those notes are not privileged - When steward discusses grievance or potential grievance with a grievor or potential witness for the purpose of advancing a grievance those notes made to assist the union in processing the grievance will be privileged - Privilege will not apply if there is no evidence as to the purpose for which the notes are prepared - Motion of employer for production allowed in part.

#96193 Shell Canada Products Limited and Communications, Energy and Paperworkers Union of Canada, Local 848 (Individual Grievance)
February 11, 1997 (23 pages)
This award is summarised at (1997), 47 C.L.A.S. 271 as follows:
MANAGEMENT RIGHTS - Collective agreement limitations - Grievor only applicant for position of swing assistant and grieved employer decision to assign him instead to position of vacation relief/day assistant and to assign to swing assistant position employee who held position previous year - Within hours of work provision agreed that swing jobs to be rotated where possible for given period - Possible for swing assistant position to be rotated - Approach followed by employer in assigning grievor reasonable - However possible to rotate position of swing assistant and no valid operational reason prevented that rotation - Employer failed to meet its obligations under collective agreement - Violation occurred not by assignment of grievor to vacation relief/day assistant but by assignment of swing assistant to employee who filled job previous year - Matter referred back to employer to reconsider annual assignments and make new assignments which include rotation of swing assistant position.

#96164 Waterloo County Board of Education & Custodial and Maintenance Association (C.A.M.A.) (Individual Grievance)
November 18, 1996 (51 pages)
This award is summarised at (1997), 45 C.L.A.S. 470 as follows:
SKILL AND ABILITY - Use of seniority - Relatively equal qualifications - Senior grievor claimed wrongfully denied position - Union claimed interview panel did not properly apply seniority and concept of relative ability as required by collective agreement - Use of "reasonable" and "correct" tests for evaluating candidates lacks clarity - Appropriate test involves analysis of whether employer followed requirements of collective agreement - Application of "relatively equal" concept favours award of position to senior grievor - Evaluation process flawed - No evidence of bad faith - Grievance allowed in part.

#96181 Erie Flooring and Wood Products and United Brotherhood of Carpenters and Joiners of America, Local 3054 (Individual grievance)
November 4, 1996 (17 pages)
This award is summarised at (1997), 45 C.L.A.S. 244 as follows:
DISCIPLINARY PENALTIES - Types of penalty - Multiple penalties - When imposing discipline in final manner, employer cannot reconsider and impose more serious penalty - Employers who advise employees of dangers or risks in particular action and advise employees of appropriate conduct not disciplining employees - Evidence not indicating any discipline imposed on grievor at relevant time - Employer's actions not preventing it from imposing discipline on following day - Grievance denied.
DISCIPLINARY OFFENCES - Work performance - Grievor not free to use company equipment in all circumstances except when permission explicitly refused - Failure to categorically refuse request cannot be converted into permission - Grievor not given permission to take third load with equipment - After taking two trips without permission and being reminded of need for permission, grievor taking third trip without permission - Discharge maintained - Grievance denied.

#96178 Emrick Plastics, A Division of Windsor Mold Inc. and National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada) and its Local 195 (Individual grievance)
October 28, 1996 (13 pages)
This award is summarised at (1997), 45 C.L.A.S. 294 as follows:
PREMIUM PAY - Overtime - Daily overtime - Although shifts worked may not be overtime, shifts may attract premiums under relevant provision - "All hours worked over eight" - Provision applicable where grievor working 16 hours within 24-hour period although work on assigned day constituting required shift - Grievance denied.
PREMIUM PAY - Overtime - Entitlement - Overtime provisions strike balance between parties' competing interests - All hours worked "over" eight - Parties intending "in excess of" rather than "after" - Grievor working regular assigned shift on disputed day - Parties not intending overtime premium rates apply - Employers not violating agreement - Grievance denied.

#96162 Pelee Days Inn and Service Employees' Union, Local 210 (Union policy grievance and individual grievance)
October 15, 1996 (21 pages)
This award is summarised at (1997), 46 C.L.A.S. 277 as follows:
DISCRIMINATION - Union activity - Individual and policy grievance alleging employer intimidation and physical assult on union chief steward - Incident arose when steward delivered grievance to employer at employer premises - Discussion turned into argument and owner became angry and told grievor to leave - Grievor's version that owner grabbed and pushed her after he told her to leave - Grievor told not to come back unless she was scheduled to work and was not thereafter scheduled to work - Grievor charged owner and son with assault but charges dismissed - More likely than not that owner did grab grievor by the arms and push her away when he told her to leave - Grievor did not provoke the pushing and her actions were not improper - Employer actions in response to grievor's role as chief steward - In view of unfavourable treatment of grievor and reasons for that treatment, board concluded employer discriminated against grievor and engaged in intimidation contrary to collective agreement - Declaration issued - No monetary relief awarded - Grievance allowed.

#96164 Waterloo County Board of Education and Custodial and Maintenance Association (Individual grievance)
September 25, 1996 (17 pages)
Interim Award
This award is summarised at (1997), 45 C.L.A.S. 47 as follows:
ARBITRABILITY - Mootness - Grievor filing posting grievance concerning head custodian position - Grievor subsequently obtaining another head custodian position - Grievance alleging selection process flaws - Although remedy sought changing, alleged selection process flaws remain same - No issues resolved with grievor accepting current position - Issues not hypothetical or abstract questions - All issues raised by union remain outstanding - Grievance not moot.

#96167 Lambton County Roman Catholic Separate School Board and Canadian Union of Public Employees and its Local 3467 (Policy grievance regarding education interpreters' membership in the bargaining unit)
July 10, 1996 (21 pages)
This award is summarised at (1996), 44 C.L.A.S. 83 as follows:
BARGAINING UNIT - Employee status - Bargaining unit consists of "all office, clerical and technical employees" with several exceptions - Education interpreters - Interpreter positions not similar to professional positions -Interpreters' work more like work of education assistants - Interpreters specifically trained for their work and have highly developed skills - Education interpreters fall within common use of "technical" work - Grievance allowed.
JOB EVALUATION - Although similarities exist between education interpreter and education assistant, both jobs differing considerably - Interpreter role more focused, narrower and restrictive than assistant role - Interpreter work not further example of education assistant position - Education interpreter constitutes new position within bargaining unit - Grievance allowed.

#96166 Rennie Inc. and Union of Needletrades, Industrial and Textile Employees, Local 740 (Group and union/policy grievances regarding incentive rates and time studies)
June 10, 1996 (11 pages)
Interim Award
This award is summarised at (1996), 43 C.L.A.S. 393 as follows:
UNIONS - Activity - Union business on employer time - Union grieving incentive rates - Piece rates established by employer using time study - Agreement including provision that union entitled to enter employer premises to investigate grievance - Investigate for this grievance implying union could enter to do own time study subject to requirement to notify and obtain employer permission which not to be unreasonably withheld and to not unduly delay or disrupt business beyond what normal during time study - Declaration - Grievance allowed.

#96161 Errinrung Thornbury Inc. and Christian Labour Association of Canada (Policy grievance regarding scheduling in the laundry and housekeeping department)
May 1, 1996 (13 pages)
This award is summarised at (1996), 43 C.L.A.S. 239 as follows:
WORK ASSIGNMENT - Bargaining unit work - Employer reducing laundry and housekeeping hours and assigning hours to supervisor - Supervisor may perform bargaining unit work so long as such work not performed "for the purpose of diminishing" hours otherwise available to bargaining unit members - Assignment to supervisor causing diminution of bargaining unit hours - Different reasons may have prompted employer to adopt this approach other than for purpose of diminishing bargaining unit hours - Grievance dismissed.

#96160 Seaforth Manor Nursing Home and Service Employees' Union, Local 210 (Individual grievances)
April 11, 1996 (13 pages)
This award is summarised at (1996), 43 C.L.A.S. 161 as follows:
ARBITRABILITY - Collective agreement - Existence - Employer preliminary objection that arbitrator had no juristiction as no collective agreement between parties at time of grievances - Union certified and negotiations and conciliation followed - No agreement negotiated between parties and interest board established - Interest board directed parties to meet and attempt to conclude an agreement using as an example an agreement between union and another nursing home - Although parties had begun to operate as though agreement in place, none existed - Employer preliminary objection allowed - Grievance dismissed.

#95143 Homewood Health Centre and Health, Office & Professional Employees(H.O.P.E.), A Division of Local 175, United Food & Commercial Workers International Union (Group grievance regarding shift schedules)
March 25, 1996 (23 pages)
This award is summarised at (1996), 43 C.L.A.S. 39 as follows:
WORK SCHEDULING - Shifts - Changes in shift schedule - New shift schedule requiring full-time housekeepers to work some weekends - New work schedule based on valid business concerns - No general requirement for employer to make changes union would prefer or changes which have least impact on employees - Collective agreement contemplating schedule change - No representation employer would refrain from exercising its contractual right in scheduling - No detrimental reliance by union - Grievance dismissed.

#96154 Marke Associates and National Automobile, Aerospace, Transportation, and General Workers Union of Canada (CAW - Canada) and its Local 195 (Individual grievance)
February 26, 1996 (13 pages)
This award is summarised at (1996), 43 C.L.A.S. 138 as follows:
DISCIPLINARY PENALTIES - Mitigating factors - Isolated incident - Grievor came to work having consumed alcohol and was involved in incident where threatened to kill another employee - Grievor had just experienced death in family and was under stress - Isolated occurrence - Employment relationship not irreparably severed - Grievor had good record - Reinstated with one month suspension - Grievance allowed in part.

#95145 Navistar International Corporation Canada and National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW - Canada) and its Local 127 (policy grievance regarding staffing in department 8)
December 21, 1995 (17 pages)
This award is reported at (1995), 52 L.A.C. (4th) 223.
The award is also summarised at (1995) 41 C.L.A.S. 560 as follows:
MANAGEMENT RIGHTS - Discretion - Posting procedures triggered where "new jobs or replacement opening exists" - Decision to increase in current classifications within departments is management decision - Nothing in collective agreement expressly addresses bases upon which management decision must be made - Employer not violating collective agreement by having extra work done by existing employees working overtime rather than by hiring additional staff - Grievance denied.
MANAGEMENT RIGHTS - Reasonableness and fairness - Employer acting reasonably when deciding how to increase staff - Mere existence of large amount of overtime hours not adequate basis for concluding that decision to rely on overtime unreasonable - Employer's decision based on legitimate business considerations - No suggestion that employer relying on any irrelevant or improper factors - Employer using overtime within relevant department for many years without hiring more staff when faced with extra work - Employer's decision falling within range of reasonable decisions - Grievance denied.

#95140 C.A.R.V. Masonry Inc. and Labourers' International Union of North America, Local 1059 (First agreement interest arbitration)
November 15, 1995 (10 pages)
Board appointed under Section 41 of Labour Relations Act to settle first agreement - Neither employer, nor employer nominee, attended hearing - Effect of Section 6(14) of Hospital Labour Disputes Arbitration Act - Whether nominee "unable" to attend - Mere absence differs from being "unable" to attend - Board proceeded without employer nominee - Standard union agreement awarded.

#95117 Kitchener-Waterloo Hospital & London and District Service Workers' Union, Local 220 (Paid holiday grievances)
October 26, 1995 (21 pages)
This award is summarised at (1995), 41 C.L.A.S. 374 as follows:
HOLIDAYS - Lieu days - Union argued that employer owed premium pay to employees for two lieu days - If employees did not work on lieu days, holiday pay lost, so collective agreement should be interpreted to provide premium pay in such cases - Employment Standards Act provides for more than collective agreement, so Act should be applied under s. 45(8)(3) of Labour Relations Act - Collective agreement did not provide for premium pay for lieu days - "Package" of remuneration benefits better in collective agreement than in Employment Standards Act, so collective agreement prevails - Employer practice clear and uniform - Grievance dismissed.

#95131 Knollcrest Lodge & Health, Office & Professional Employees, A Division of Local 175, United Food and Commercial Workers (Individual grievances and a Union policy grievance)
October 16, 1995 (20 pages)
This award is summarised in (1995), 41 C.L.A.S. 97 as follows:
WORK SCHEDULING - Hours of work - Alteration - Grievors argued introduction of shifts less than eight hours violated collective agreement - Union claimed language of agreement mandatory, and contemplated only eight-hour shifts - Employer argued flexible collective agreement provided for scheduling a "maximum" of eight hours - Both employer and union arguments reasonable - Union interpretation of agreement preferred - Collective agreement, interpreted as whole, provided no indication parties contemplated shifts less than eight hours - Employer required to utilize only eight hour shifts on regular ongoing basis - Grievance allowed.

#95112 Cuddy Food Products & United Food and Commercial Workers International Union, Local 175 (Individual grievance)
September 5, 1995 (9 pages)
This award is summarised at (1995), 41 C.L.A.S. 109 as follows:
DISCIPLINARY OFFENCES - Work relationships - Fighting - Grievor suspended for three days for taunting and pushing fellow employee - Union alleged grievor acted in self-defence, so no discipline warranted - Grievor less blameworthy than other employee - Grievor merited discipline because act not in self-defence - Three-day suspension not excessive, within reasonable employer response - Discipline should not be fine-tuned by comparison to other worker - Grievance dismissed.

#95110 Cuddy Food Products & United Food and Commercial Workers International Union, Local 175 (Individual grievance)
June 28, 1995 (22 pages)
This award is summarised at (1995), 40 C.L.A.S. 30 as follows:
PREMIUM PAY - Overtime - Entitlement - Grievor claimed lost opportunity for overtime to junior employees - Grievor declined overtime day before it was required but would have taken it if it had been offered day earlier - Collective agreement stipulated 48 hours' notice should be given where possible - Employer had opportunity to offer grievor overtime 48 hours in advance but did not - Grievor entitled to compensation.
PREMIUM PAY - Overtime - remedies - Employer argued grievor failed to mitigate by declining overtime - Grievor need not accept all work in order to properly mitigate - Extent of duty dependent upon particular fact situation - Grievance allowed.

#95116 Babcock & Wilcox Industries Ltd. & United Steelworkers of America, Local 2859 (Individual grievance)
June 7, 1995 (11 pages)
This award is summarised at (1995), 39 C.L.A.S. 218 as follows:
DISCIPLINARY OFFENCES - Absence without leave - Collective agreement stipulates loss of employment and seniority where employees absent without leave for three consecutive days without satisfactory reason - Grievor absent without leave for three consecutive days - Explanation of sleeping in not satisfactory reason for missing two work days - Reason for third absence involving allegation of poor weather conditions on route from trip satisfactory - Requirements of deemed termination clause not met - Reinstatement - Grievance allowed.

#95105 Libbey Canada Inc. & Aluminum, Brick and Glass Workers International Union and its Local 235-G (Individual grievance)
May 1, 1995 (Interim Award) (9 pages)
This interim award is summarised at (1995), 39 C.L.A.S. 41 as follows:
ARBITRABILITY - Statutory expedited arbitration - Employer claiming referral to arbitration untimely - Collective agreement requiring referral within 15 working days of final decision of employer - Employer letter indicating grievance reconsidered within required time period - Referral timely.
(Full text of the above award - PDF format)
May 23, 1995 (18 pages)
The final award is summarised at (1995), 39 C.L.A.S. 219 as follows:
DISCIPLINARY OFFENCES - Absence without leave - Evidence suggesting grievor not sick on day in question all indirect evidence - Direct evidence supports legitimacy of illness - Grievor absent from work due to illness or sickness - Illness not a pretext - Failure to call back while absent not blameworthy conduct - Grievor's conduct not culpable and not justifying discipline - No culminating incident warranting discipline which would justify review of earlier disciplinary record - Grievance allowed.
DISABILITY - Innocent absenteeism - Employer clearly advised grievor of its concerns about grievor's attendance on several occasions - Pattern of absences on midnights and early shift cycles - However not clear that pattern is evidence of cavalier or abusive attitude - Absences not so excessiveas to justify discharge - No evidence concerning effect of absences on Employer's operations - Absences not so excessive as to require examining future prospects - Reinstatement - Grievance allowed.