Metropolitan Authority v Correction Officers Assn of Nova Scotia
Union Dues, Collective Agreement, Relief Workers, Past Practice, Part-Time Employees, Certification, Bargaining Unit
The Union grieved that two female relief correction officers had not had Union dues deducted. The relief officers were called into work when full-time staff were not available. The Union argued that the Collective Agreement referred unambiguously to a bargaining unit "of all employees...employed at the Correction centre", thus including the relief workers. Counsel for the Employer presented evidence of past practice subject to the Union's objection that Collective Agreements with another Union was not relevant. In the past, part-time employees were not included in the bargaining unit. The Employer also argued that according to the practice of the Labour Relations Board at the time of certification relief workers were not part-time employees (and thus included in the unit) because they work only when others cannot and have an option to accept the work or not.
Metropolitan Authority v Correction Officers Assn of Nova Scotia (1984), 1984 CanLII 4464 (NSLA) (Arbitrator: Innis Christie).