SHP – 420
IN THE MATTER OF AN ARBITRATION
CANADIAN PACIFIC LIMITED
NATIONAL, AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS UNION OF CANADA (CAW-CANADA) LOCAL 101
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.
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:
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.
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