Grievance dismissed; collective agreement required continuous six-month employment period to attain industry-wide seniority.
The union filed a grievance alleging that the employer violated the collective agreement by laying off the grievor before he could accumulate six months of service, which would have entitled him to industry-wide seniority.
The union argued that the six-month period could be aggregated from separate periods of employment and, alternatively, that the employer acted in bad faith to prevent the grievor from attaining seniority.
The Ontario Labour Relations Board dismissed the grievance, finding that the collective agreement required a single, continuous six-month period of employment to attain seniority.
The Board also found insufficient evidence to establish that the employer acted in bad faith in its layoff decisions.
International Union of Elevator Constructors Local 90 v. Dover Corporation (Canada) Ltd., 1994 CanLII 9934
