Jackie Crawford

The Union filed a group grievance on behalf of Clerks at the Employer's Durham Warehouse, claiming they were entitled to a uniform allowance under the collective agreement.

The collective agreement provided a uniform allowance to employees who were 'previously eligible for uniforms'.

The Union argued that the Clerks' duties and working conditions exposed them to dirt and damage similar to Warehouse Workers, making them eligible.

The Employer maintained that Clerks had never been issued or asked for uniforms, and their duties were primarily clerical and performed in offices.

The arbitrator found that the Clerks spent the vast majority of their time in offices and were not exposed to the same level of dirt or damage as Warehouse Workers.

The grievance was dismissed.

In a grievance regarding the discharge of an employee for alleged improper use of an air miles program, the union challenged the admissibility of videotape evidence captured by workplace security cameras.

The union argued that using the security footage for disciplinary purposes constituted an unreasonable intrusion into the employee's privacy.

The Grievance Settlement Board held that while employees have a marginal expectation of privacy in a public retail setting, this expectation is outweighed by the employer's interest in protecting the safety and security of the store.

The Board found the video surveillance was a reasonable intrusion and, because the tapes were relevant to the disciplinary issues, ruled the evidence admissible.