Diana Sepúlveda — Decisions — Moore Edgar Lyster LLP - Union Lawyers

Diana Sepúlveda

Pacific Honda v. International Association of Machinists and Aerospace Workers, Local Lodge 1857

The Union grieved the Employer’s failure to recognize National Day for Truth and Reconciliation as a designated statutory holiday under the Collective Agreement.

Arbitrator Saunders agreed with the Union’s argument that National Day for Truth and Reconciliation is a statutory holiday under the collective agreement, and ordered the Employer to recognize it as such, and to compensate the employees for the losses occasioned to date. The Arbitrator applied well-known collective agreement interpretation principles to conclude that the phrase “forced by legislation to close its operation” cannot be read in its literal sense. Therefore, the phrase must be a description of the legislative context in which businesses either close, or pay wages at a premium, given the legislative context in which the collective agreement exists.

Read the decision here…