Extendicare Health Services Inc (Park Haven) v Canadian Union of Postal Workers

Document Type

Arbitration Decision

Publication Date

2-25-1985

Keywords

Termination, Reinstatement, Discharge, Collective Agreement, Jurisdiction, Retroactivity

Abstract

The Grievor grieves termination of employment, alleging lack of just cause and requests reinstatement without loss of pay, seniority and benefits. The Grievor was discharged from employment on April 10, 1984. At this time, there was no Collective Agreement between the Parties though a first Agreement was being negotiated and was ratified by the Union membership on June 8, 1984, ratified by the Employer on June 11, 1984 and signed by both Parties on June 18, 1984, for a term commencing June 20, 1983. On June 12, 1984, the Union told the Employer of its desire to contest the dismissal of the Grievor through the grievance and arbitration procedure. The hearings pursuant to this decision were for the purpose of determining a preliminary objection to the Arbitrator's jurisdiction over this matter.

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