The employer claimed that the grievor had quit his employment after they refused to provide him with a vacation day. He walked out of the shop and took his tools with him. The arbitrator agreed that the grievor had not quit. It was noted that an employee must take both objective steps to quit his employment and have a subjective intention to do so. The circumstances, despite the grievor taking his tools and leaving, did not satisfy that test. He was reinstated with full compensation.
Lehigh Cement v International Brotherhood of Boilermakers, Local D277, 2013 CanLII 90641 (Somjen)
The company combined the duties of two classifications into a single job. The union claimed that a wage rate was required as a result. The arbitrator agreed and ordered that the wage be increased.
Board of Education of School District No. 39 and IUOE, Local 963 (Azul)
In this case the employer wished to change a decades old practice of how it posted and filled head custodian positions. It claimed that its practice was based on a misreading of the collective agreement.
The arbitrator disagreed and noted that the employer's position did a disservice to all of the employer and union reps who had preceded them. It was ordered that the positions be reposted and given to those who should have received them, with full compensation.
Vancouver Coastal Health Authority v. British Columbia Government and Service Employees’ Union (Attendance and Wellness Program Grievance), [2013] BCCAAA No 104 (Ready)
Health Employers Association of British Columbia v Health Sciences Association of British Columbia, 2012 CanLII 150753
British Columbia Nurses' Union and Communication, Energy and Paperworkers Union, Local 444 (Dorsey)
The BCNU, as employer, notified the union representing its professional staff (CEP, Local 444) that it would no longer pay for and provide benefits for the dependents of retired employees. It had been doing so for decades. The employer claimed that this was a longstanding error.
The arbitrator disagreed and ordered that the employer was required to continue to provide those benefits for the dependents of the retired members.
Fraser Health Authority v. Health Sciences Association. of British Columbia (Special Leave Grievance), [2012] BCCAAA No 64 (Brown)
Canada Safeway Limited v United Food and Commercial Workers’ Union, Local 1518 (Skiryzck), 2011 CanLII 6568 (McPhillips)
Canadian Affiliates of the Alliance of Motion Picture and Television Producers v. Canadian Media Production Association, BCLRBC No B176/2010
WorldColor v. Communications, Energy and Paperworkers Union of Canada, Local 525-G (Attendance Grievance), [2010] BCCAAA No 13 (Somjen)
The employer issued letters to nine employees about their absenteeism. The union argued that the letters were disciplinary and improper. The employer suggested they were merely letters of expectation. The arbitrator agreed that they were disciplinary and improper and ordered that they be removed from their files.