1657-01-U Communications, Energy and Paperworkers Union of Canada and its Local 37-X, Applicant v. Grant Forest Products Inc., Responding Party.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; September 14, 2001
1. This is an application under section 96 of the Labour Relations Act, 1995, as amended (“the Act”) alleging violations of sections 70, 72 and 76 of the Act.
2. The applicant (“the union”) alleges that following the union’s referral to arbitration of a dispute arising under the collective agreement between it and the responding party (“the company”), the company retaliated by issuing a memorandum to its employees advising that it would no longer permit the taking of vacation during any week prior to, or comprising, a statutory holiday. The union further alleges that, although the company partially rescinded its decision regarding the timing of vacations, at least in respect of the 2001 Labour Day statutory holiday, it refuses to indicate whether it will be cancelling vacations abutting future statutory holidays, including the upcoming Thanksgiving Day. Accordingly, the applicant requests that the hearing in this matter be expedited.
3. The applicant does not allege that the employees will have lost actual entitlement to the benefit of a vacation. If the union’s position in this matter prevails, and the company is found to be in violation of the Act, the harm, if any, can be remedied in the normal course.
4. For these reasons, the Board declines the applicant’s request for an expedited hearing. However, we direct the Manager, Field Services to assign a Labour Relations Officer to consult with the parties as soon as possible.
5. This matter is referred to the Registrar.
“Patrick Kelly”
for the Board