DECISIONS
The grievor in this case had a beer with his lunch some three hours before reporting to work. He had a slight odour of alcohol when he reported to work. The employer demanded that he be drug tested and he refused. He was suspended indefinitely as a result.
The arbitrator agreed that the demand was unreasonable and illegal. The grievor was fully compensated for his losses.
The Support Services collective agreement in health care provides that an employer may recover sick bank payments made to an employee if the employee recovers monies in court from a personal injury claim. The grievor had collected sick pay and, signed a recovery agreement. She subsequently obtained damages in a personal injury action. The employer wished to recover 100% of the monies they paid out. The arbitrator agreed that the employer had to permit the grievor to deduct her legal fees and disbursements from the monies to be repaid to the employer.
The Plaintiffs did not wish to join the Defendant Union or pay dues to it. They brought a Charter claim arguing that they were entitled to refuse to do so. The Court agreed with our argument that it had no jurisdiction to consider the claim even though there was an allegation that the Charter had been breached. The claim was dismissed.
Working on Coast Salish Territory - shared lands of xʷməθkʷəy̓əm (Musqueam), Skwxwú7mesh (Squamish) & səlil̓wətaʔɬ (Tsleil-Waututh), whom we thank for their forbearance.
