Work assignment complaint dismissed; employer properly filled posting based on efficiency and qualifications.
The applicant union filed a complaint concerning a work assignment under section 99 of the Labour Relations Act, 1995, alleging that the employer's decision to upgrade the Electrical Apprenticeship Program by incorporating instrumentation training effectively excluded its members from future postings in the merged Electrical/Instrumentation Department.
The Board dismissed the application, finding that the employer properly assigned the work based on efficiency and qualifications as per the parties' agreement, and noted that nothing prevented the applicant's members from participating in the program.
Communications, Energy and Paperworkers Union of Canada, Local 89 v. Spruce Falls Inc., 1999 CanLII 20128