Union Grievance, Improper Filling, Job Vacancy, Test, Transfer Denied
Union Grievance alleging improper filling of job vacancy.
In the summer of 1978, Watters and Miller, traffic agents in Saint John, New Brunswick, applied for inter-base transfers to Montreal. That autumn a permanent vacancy occurred for which both Ms. Miller and Mr. Watters met all requirements except, possibly, the language requirement. Both were given a "test" by the employer and, in the result, neither was given the transfer re-quested. According to Watters' testimony, Ms. Miller initiated the grievance now before me but, as Watters put it, "it was explained to her [presumably by the union] that it would go in my name where I was the most senior person". At any rate, a letter of grievance was sent to the employer over the signature of Dan Carrier, Canadian Airline Employees' Association ("C. A.L.E.A.") chairman, which took the following form:
Re Eastern Provincial Airways (1963) Ltd and Canadian Airline Employees' Association (1979), 21 LAC (2d) 71, 1979 CanLII 3953 (Can LA) (Arbitrator: Innis Christie).