Earls Industries Ltd. and Marine Workers and Boilermakers Industrial Union, Local 1 (Glass)

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.

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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.

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