Home / Posts tagged "Arbitration"

Arbitration

Introduction of Tethered Feller-Bunchers which Eliminated Hand Faller Positions was a Technological Change

Coastline Forestry Group Inc. v United Steelworkers, Local 1-1937, 2018 CanLII 74197 (BC LA) The employer introduced tethered feller-bunchers (mechanical tree harvesters) in their operation during the same month it laid off its only two hand fallers. The tethering system enabled the feller-bunchers to harvest steeper slopes and rough terrain which previously required hand fallers. The iss...
Read More

Proper Interpretation of the Collective Agreement Language Required Employer to Pay an Additional Master Position at Higher Pay Group

Canadian Merchant Service Guild and Saam Smit Vancouver, Inc. (Class 10 Masters - Article 21.2 Arbitration), unreported, March 26, 2018 (Hall). The union sought to enforce the following newly negotiated Collective Agreement language: Currently there are four (4) Class ten (10) vessels including the SST Orleans. One (1) Master will be added to Pay Group ten (10) for each additional tug added in...
Read More

Employer’s Grievance Seeking LTD Plan Contribution Holiday Denied

West Fraser Mills v. United Steelworkers, Locals 1-424 and 1-425 (Long Term Disability Contributions Grievance), [2017] B.C.C.A.A.A. No. 125 (McPhillips). The employer brought a policy grievance concerning the interpretation of Collective Agreement provisions dealing with employer and employee contribution levels related to the IWA - Forest Industry Long Term Disability plan (the “Plan”). Ci...
Read More

Disclosure of Employee Revenue Information to Union not a Breach of the Personal Information Protection Act

Comox Valley Distribution Ltd. v United Steelworkers, Local 1-1937, 2017 CanLII 72391 (BC LA) In response to complaints that junior drivers were being favoured over senior drivers in the assignment of freight delivery runs the union and employer negotiated quarterly union management meetings to resolve these issues. In advance of one of these meetings the union asked the employer to provide ...
Read More

Arbitrator Strikes Down Annual Drug and Alcohol Testing Policy and Awards “Significant Damages” for Breaches of Workers’ Privacy Rights

Seaspan ULC v. Canadian Merchant Service Guild (Chambers and Group Grievances), [2017] C.L.A.D. No. 22 (McEwan). The Canadian Merchant Service Guild (the “Union”) challenged Seaspan’s (the “Employer”) right to require annual drug and alcohol testing for officers under threat of penalty. The Employer felt it was entitled to introduce the testing because it agreed to do so as a term of its contra...
Read More

Grievor’s Comments not ‘Harassment’ – Reinstatement Awarded

Western Forest Products Inc., Duke Point Division v. United Steelworkers of America, Local 1 - 1937 (Vanderbasch Grievance), [2016] B.C.C.A.A.A. No. 142 (Coleman). This case involved the termination of a shop steward for harassment and bullying in contravention of an anti-bullying and harassment policy. The employer alleged the grievor, a forklift driver, harassed and bullied another employee b...
Read More
Top