3 total
Request to defer human rights application pending union grievance denied as grievance unlikely to resume.
The respondent requested that the applicant's human rights application be deferred pending the resolution of a grievance filed by her union.
The applicant opposed the deferral, arguing that the grievance process was stalled because the union would not proceed until she returned to work, which was not foreseeable.
The Tribunal found that there was no indication the adjourned grievance proceedings were likely to resume, and the union had not communicated any intention to proceed.
Consequently, the Tribunal concluded that deferral was not appropriate and dismissed the respondent's request.
Grievance dismissed; collective agreement language permitted the employer to correct an erroneous seniority date.
The union grieved the employer's correction of an error in an employee's seniority date, which resulted in the grievor losing shift selection preference.
The union argued that a prior memorandum of agreement barred adjustments to seniority dates after a specific deadline, and alternatively relied on the doctrine of estoppel.
The arbitrator dismissed the grievance, finding that the language of the current collective agreement expressly permitted the correction of errors by stating an employee's seniority date is the greater of the specified formula or the previous agreement.
The estoppel argument also failed because the union had agreed to the current wording.
Board granted leave to withdraw jurisdictional dispute complaint after underlying grievance was settled.
The employer and the Sheet Metal Workers' union reached a settlement regarding a grievance and sought leave to withdraw the grievance and the related jurisdictional dispute complaint.
The Plumbers' union (Local 46), which was not a party to the settlement, objected to the withdrawal of the jurisdictional dispute complaint and argued it should proceed to adjudication.
The Board held that since the underlying grievance had been resolved, there was no continuing conflict necessitating the adjudication of the work assignment.
The Board declined to exercise its discretion to inquire further into the complaint merely to issue a declaratory order regarding trade jurisdiction.
Leave to withdraw both the complaint and the grievance was granted.
