Document Type

Arbitration Decision

Publication Date

3-17-2008

Keywords

Hiring, Temporary, Permanent, Vacancies, Onus, Preliminary, Proof

Abstract

The Union alleged a breach of the Collective Agreement because the Employer was hiring a large number of temporary employees and not posting the positions as permanent vacancies. This preliminary hearing dealt with the question of who had the onus of proof. The Union believed that the Employer needed to provide that proof.

The preliminary objection fails. The Union must prove its case, but the Employer must disclose the needed information.

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