Re Cape Breton Development Corporation and United Mine Workers, District No 26, Local 4522
Lay-Off, Illegal Strike, Shut Down, Lockout, Collective Agreement, Notice, Violation
In early October of 1983, an illegal strike by some members of the Union shut down the Employer's operations at its Victoria Junction coal operation plant and two coal mines. At 11:00 p.m. on October 5, the Employer decided to shut down its railway operation the next day. Hourly announcements were broadcast on local radio and television to inform 92 sectionmen, who were scheduled to report for work, that there was no work for them on October 6. Apparently, none of them heard the late night announcements. They all reported for work on October 6 and were sent home. Another group of workers continued to work. They were employed by Municipal Ready Mix Co. Ltd. pursuant to an Agreement between the Employer, Municipal Ready Mix and the Unemployment Insurance Commission whereby unemployed miners were given work for 12 weeks clearing brush and removing old track. The Union had approved this Agreement. There was no evidence that these workers did any work which otherwise would have been done by sectionmen. The grievance raised three issues. 1) Was the lay-off on October 6 a "lockout" under Article 5 of the Collective Agreement? 2) was the lay-off instituted without the notice required in Article 33? 3) Did the continued employment of the Municipal Ready Mix workers on the Employer's premises constitute a violation of the Collective Agreement.
Re Cape Breton Development Corporation and United Mine Workers, District No 26, Local 4522 (1984), 15 LAC (3d) 257,  CLAD No 90 (Can LA) (Arbitrator: Innis Christie).