SHP 420

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CANADIAN PACIFIC LIMITED

(the "Company")

AND

NATIONAL, AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS UNION OF CANADA (CAW-CANADA) LOCAL 101

(The "Union")

GRIEVANCE OF CARMAN D. TURNER

 

 

SOLE ARBITRATOR: Michel G. Picher

 

 

There appeared on behalf of the Company:

A. Y. de Montigny Labour Relations Officer

C Bartley Human Resource Specialist

K. Shearer Facility Manager, Mechanical, Thunder Bay

 

 

And on behalf of the Union:

Abe Rosner National Representative

Ron Laughlin Vice-President, Local 101

William Nash Local Chairman

David turner Grievor

 

 

A hearing in this matter was held in Toronto on September 16, 1996.

 

AWARD

This grievance concerns an allegation that the Company violated the equal distribution of overtime provisions contemplated in Rule 5.16 of the collective agreement. The dispute and joint statement of fact and issue filed at the hearing read as follows:

DISPUTE:

Grievance of Carman D. Turner, Toronto, claiming eight hours pay at overtime rates in respect of April 1, 1994.

JOINT STATEMENT OF FACT:

A number of Carmen were required to attend at work at the One Spot facility in Toronto on April 1, 1994 on the 0700 - 1500 shift, which day was a statutory holiday.

JOINT STATEMENT OF ISSUE:

The Union submits that the grievor ought to have been given the opportunity to work. By failing to do so, the Company violated Rule 5.16, "Equalizing Overtime". The Union seeks compensation for earnings lost.

The Company denies the claim.

Having regard to the agreement of the parties, expressed through their representatives at the arbitration hearing, the arbitrator finds that the Company did fail to offer overtime hours for April 1, 1994 to the grievor, Carman D. Turner of Toronto. It appears that the failure to do so arose out of a general misunderstanding with respect to the implementation of Rule 5.16 which has been, to some degree, rectified by the subsequent implementation of a spreadsheet system whereby, as a general matter, available overtime is first offered to employees who have recorded the lowest amount of overtime.

[page 2]

Having further regard to the agreement of the parties, with respect to the circumstances of this particular case, the arbitrator directs that the Company offer to Mr. Turner the opportunity to work a total of eight hours at overtime rates, the scheduling of such time to be at his discretion and mutually convenient to him and the Company. I remain seized of this matter in the event of any further dispute with respect to the interpretation or implementation of this award.

DATED at Toronto this 3rd day of October, 1996.

(signed) MICHEL G. PICHER

ARBITRATOR