- May 25, 2021
- Collective Agreement Interpretation
This decision involved four grievances. Two grievances concerned whether employees laid off mid work week were entitled to 40 hours of pay (the “Lay-off Grievances”). The two other grievances are in respect of work performed by volunteers for two non-profit groups who borrowed equipment from the Employer and loaded and/or unloaded said equipment from the Employer’s premises (the “Bargaining Unit Work Grievances”). At issue was whether this work should have been performed by Union members.
Lay-off Grievances
Arbitrator Steinberg found that Article 19.01 of the Collective Agreement which provides that “[f]ull time employees shall be paid a minimum forty (40) hours per week”, was latently ambiguous. He further held that 19.01 would provide a significant limitation on the Employer’s right to lay-off which is unqualified in the management rights provisions. As a result, Arbitrator Steinberg held that where an employer lays off employees mid week and the Employer has bona fide reasons that the lay-off occur mid week, Article 19.01 will not operate.
Bargaining Unit Work Grievances
Arbitrator Steinberg held that the movement of music stands, lights, risers and cables being moved on the loading dock and not to, from or within the theatre is covered by the Collective Agreement. However, Arbitrator Steinberg held that as the work only took 5 minutes, the work was de minimus. As a result, Arbitrator Steinberg declined to award damages and ordered a declaration that the work in question was bargaining unit work.