The union grieved the employer's refusal to rehire a fully qualified tradesman who had been properly referred through the union hiring hall.
The employer refused to rehire the grievor solely because he had failed to reimburse the employer $46.00 for a lost welding jacket from a previous period of employment.
The Ontario Labour Relations Board held that the collective agreement did not give the employer an unfettered right to reject rehires, but only a right to reject based on competency or qualifications.
Even if an implied residual discretion existed, the employer acted unreasonably by using the hiring hall referral mechanism to unilaterally enforce a debt collection, contrary to the policy against unilateral wage deductions reflected in the Employment Standards Act.
The grievance was allowed and compensation ordered.
