IATSE, Local 58 (the “Union”) and The Board of Governors of Exhibition Place (the “Employer”) were bound to a collective agreement covering the stage employees at Exhibition Place in Toronto, including those working at the Toronto Event Centre (“TEC”) (the “Collective Agreement”). The Union filed three grievances that related to events held at the TEC called “Supper Club” between December 2018 and March 2020.
TEC employed members of the Union for its inaugural event on December 1, 2018; however, it did not hire members of the Union after that date. The Union filed three grievances alleging that the failure or refusal to employ Union members after December 1, 2018 violated the collective agreement. The Employer argued that it did not violate the Collective Agreement because the Collective Agreement did not require the TEC to employ members of the Union to perform the work that was carried out at Supper Clubs (after the first Supper Club on December 1, 2018).
The Arbitrator accepted the Employer’s evidence and concluded that the inaugural event on December 1, 2018 hadrequired more production than usual because it was intended to be a bigger event to draw interest, and the work for the subsequent Supper Clubs fell outside of the Union’s jurisdiction since it was covered by the exception at Article 18.1(vi) of the Collective Agreement.
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