- June 9, 2021
- Jurisdiction/Cases Involving Rival Unions
The Union filed a grievance against TCU Place (the “Employer”) alleging that the manner in which they posted and filled a vacancy violated the terms of the collective agreement. The Employer is a convention and arts centre, which provides both lighting and sound services.
After the retirement of a full-time Stage Lighting Technician, the Employer posted a permanent part-time Lighting Technician position. The grievor applied for the position and was ultimately successful. In awarding the position, the Employer indicated that the grievor would be responsible for the duties of both Lighting and Facilities Technician.
The Union argued that the Employer violated the collective agreement by converting a full time position to part time. The Union requested that the Stage Lighting Technician position be posted in accordance with the terms of the collective agreement, and the grievor be compensated for any financial loss. The Employer denied that it violated the collective agreement and argued that the terms of the collective agreement did not require it to post any position as full time. Further, it had determined that a full time lighting technician was not required.
The Board of Arbitration determined that the Employer did not violate the Collective Agreement when it posted the vacancy as a part-time position. In the absence of a provision in the Collective Agreement limiting management rights, an employer has “wide latitude to allocate work in a matter it deems most productive.” In this case, the collective agreement did not require the vacancy to be posted as a full-time position, nor did it require the Employer to fill the vacancy at all. The Board dismissed the Union’s fairness argument, as the job posting clearly indicated that the position was part time and the grievor was aware. The Board also dismissed the Union’s past practice argument.
The Board dismissed the grievance.