Arbitration Awards - Arbitrations

The employer applies under section 99 of the Code for review of a supplementary arbitration award that found in favour of the Union regarding the member's entitlement to the signing bonus payment. The employer argued the arbitrator exceeded his jurisdiction by altering the parties' implementation agreement to include the signing bonus amount. The Board concluded the arbitrator did not amend, alter or otherwise interfere with the implementation agreement. The arbitrator decided an issue which had not been the subject matter of and arose after the signing of the agreement. He had jurisdiction because he remained seized of the matter to resolve any issues arising from the implementation of the original award.

Ministry of Children and Family Development and BCGEU (April 1, 2008) BCLRB B38/2008

The Employer applied under section 141 for leave and reconsideration of BCLRB No. B265/2007 which sent back the issue of the amount of interest payable to the arbitrator to allow submissions regarding the substitution of a CPI adjustment and with direction to provide an analysis of the issues. The Board denied leave for reconsideration. The parties have agreed to resolve the outstanding issues in accordance with the arbitrator's determination to adjust the lost wages upwards to reflect the interest rate as measured by the Consumer Price Index.

Ministry of Children and Family Development and BCGEU (December 4, 2007) LRB B265/2007

The employer applied under Section 99 for a review of the arbitrator's award regarding the calculation of interest. The union had argued that an award of interest was payable on the grievor's lost wages. The arbitrator determined the lost wages must be adjusted upwards to reflect the interest rate as measured by the Consumer Price Index. The Board found that the parties had made extensive submissions regarding whether interest was payable and the calculation but the parties had not made submissions on CPI and were not asked for submissions on CPI. The matter was sent back to the arbitrator to allow submissions regarding the substitution of a CPI adjustment and with direction to provide an analysis of the issues.