- May 25, 2021
- Collective Agreement Interpretation
This decision concerned an individual and a policy grievance regarding the layoff of Richard Gould, the Local 168 President, and the elimination of the Facilities Supervisor position, a bargaining unit position held by Mr. Gould since its creation in 2010.
Firstly, the arbitrator considered what the collective agreement provided regarding the elimination of a bargaining unit position. The Collective Agreement provided no bumping rights between departments but required that employees be laid-off in reverse order of seniority within a department. She held that the Employer had met its obligations under the collective agreement by allowing Mr. Gould to bump a more junior employee in the Janitorial Department. Secondly, the arbitrator found that the Employer exercised its management rights in good faith when it laid off the Facilities Supervisor and its decision was made for sound business reasons. Further, she held that the duties of the Facilities Supervisor were not at the core of the bargaining unit and the integrity of the bargaining unit was not undermined when it eliminated that position.
The arbitrator concluded that the collective agreement had not been violated and dismissed the grievances. However, the arbitrator noted that several provisions in the collective agreement were inadequate and suggested that the parties negotiate layoff language that better suits their future needs.