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Recent arbitrations of interest for Component 10 members

Below are some recent arbitrations of interest to Component 10 members. This list will be updated from time to time.

BCGEU and Mainroad East Kootenay – (June 30, 2010) – #1006

The member was a road foreman (RF) who worked in an RF1 position.  He moved to an RF4 position and shortly after the move, the employer reclassified his position as an RF2.  The Union grieved the reclassification and successfully argued the position was properly classified as an RF4 position and the member should receive the increase in pay on a retroactive and ongoing basis. The Union called evidence to establish the member was performing the same duties as other RF4s and the same duties as the previous employee in that position.

Filed under: Awards of Interest - Seniority

BCGEU and Argo Road Maintenance – (August 5, 2010) – BCLRB No. B131/2010

The Union filed a section 99 appeal arguing the member had been denied a fair hearing when the arbitrator failed to provide an opportunity of reply to the Union.  The Employer filed a preliminary objection that the grievance had been filed out of time.  The Union was not provided a copy of the Employer submission until after the arbitration award was issued. The matter was remitted back to the arbitrator to review the process.

Filed under: Awards of Interest - Dismissal

BCGEU and Emcon Services (June 27, 2010) - #1007

The member was issued a fine for operating a commercial vehicle with a load exceeding the legal weight requirements. The Union grieved the Employer’s failure to reimburse the member for the cost of the fine.  The grievance succeeded. The arbitrator found there was nothing in the collective agreement that allowed the Employer to impose a monetary fine on an employee and it was not an appropriate action within the proper scope of the Employer’s disciplinary powers.  There was evidence the Employer had paid for tickets in the past and the Employer did not provide a scale for workers at the loading site.

Filed under: Awards of Interest - Payment Issues