SHP - 434
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")
RE: Application of Article 7B.1(d) of the Job Security Agreement
Sole Arbitrator:
Michel G. PicherAppearing For The Union:
A. Rosner – National Representative, Montreal
S. Levert – Regional Vice-President, Local 101, Montreal
A. Desmarais – Local Chair, Local 101 Unité Québec
G. Antinozzi – Local Chair, Local 101 Unité Québec
Appearing For The Company:
G. St-Pierre – Human Resources Coordinator
A. Y. de Montigny – Director, Labour Relations, Montreal
M. Bergeron – Manager, Mechanical Facilities, Montreal
G. Abran – Spec. Santé Sécurité, Resources humaines, Montreal
R. deMontignac – Manager, Benefits & Deployment, Calgary
G. Pepin – Employment Security Deployment Officer, Calgary
C. Thibault – HRIS Specialist, Montreal
D. J. David – Labour Relations Officer, Montreal
A hearing in this matter was held in Montreal on Monday, February 17, 1997.
AWARD
LITIGE :
L’application de l’article 7B.1(d) de l’Entente sur la Sécurité d’Emploi datée du 24 juillet 1995.
Exposé CONJOINT DES FAITS :
En 1996, la Compagnie a assigné 7 employés en mise à pied à des postes de contremaîtres sans afficher ces postes.
Exposé CONJOINT DU CAS :
Le Syndicat réclame que la Compagnie respecte l’ancienneté par service cumulatif rémunéré tel que mentionné dans l’Entente sur la Sécurité d’Emploi à l’article 7B.1(d).
La Compagnie refuse la réclamation du Syndicat.
pour le Syndicat: pour la Compagnie:
(signé) S. Levert (signé) A. Y. de Montigny
Vice-président, Local 101 Directeur, Relations industrielles
By this grievance the Union asserts that the Company is compelled to assign persons who are on employment security status to temporary management positions on the basis of their cumulative compensated service. The Union points to the provisions of article 7A.3(iv) of the Job Security Agreement which provides as follows:
Notwithstanding anything in this Article 7 to the contrary, an employee, in order to be entitled to employment security, will be required to take work at his home location in an unfilled permanent vacancy within the Company, in temporary vacancies and work outside the Company. For purposes of application of this provision employees on employment security at each location will be ranked for seniority purposes by cumulative compensated service regardless of bargaining unit. Vacancies will be filled in compliance with the following procedures:
...
(iv) Should a vacancy arise at a time when several members of other bargaining units are on employment security status, the vacancy will be offered to the employees on employment security in order of cumulative compensated service. Only the most "junior" (i.e. in years of service) will be required to accept the vacancy.
The Union’s representative submits that the foregoing provision contemplates that when management has need of relief foremen or supervisors, and decides to make use of employees on employment security to fill those positions, it is required to recall such persons in the order of their cumulative compensated service. He submits that that requirement tends to protect employees, to the extent that their general employment security protection is lengthened by virtue of any time which they may work while recalled.
The Arbitrator cannot sustain the grievance. There is, very simply, nothing within the provisions of the collective agreement which specifically requires the Company to assign relief supervisory work or temporary management positions to bargaining unit employees on the basis of seniority, or otherwise. Rule 13 of the collective agreement makes the following provision with respect to the possibilities of promotion to permanent positions as foremen:
13.1 Employees in the service, if qualified, will be given preference for promotion to position as foremen when vacancies occur.
On its face, it appears to the Arbitrator that article 7A.3(iv) of the Job Security Agreement is fashioned to deal with providing a tie breaking mechanism when employees from more than one bargaining unit are eligible for recall to a vacancy while on employment security. It is, in that context, best understood as an analogue to consolidated seniority. It does not, either on its face, or implicitly, speak to any obligation on the part of the Company with respect to the right of bargaining unit employees to be recalled, on a seniority basis or otherwise, to work as relief or temporary supervisors. There is nothing within the terms of the Job Security Agreement, nor is there anything to be found in the collective agreement, which places any restrictions on the Company in that regard.
For these reasons the grievance must be dismissed.
Signed at Toronto, March 5, 1997
(signed) MICHEL G. PICHER
ARBITRATOR