Nova Scotia Power Corp v International Brotherhood of Electrical Workers (IBEW), Local 1928
Temporary Work, Travel Expenses, Collective Agreement, Lodging, Past Practice, Context
Both Grievors were assigned a temporary work point of Truro instead of the usual Stewiacke. They are requesting travel expenses even though the new job site is closer to their homes. The Union argues that the Collective Agreement states that when employees are assigned to a temporary report point they are entitled to either of lodgings or travel expenses. The purpose of this is to compensate employees for any inconvenience. The Employer maintains that the clause to which the Union refers is not meant to stand alone. The $24.00 per day travel expense will be paid in lieu of Board when the situation arises where the Employee may have to consider temporarily living near the job site. In this case the question of the two Grievors needing lodgings does not arise and consequently, they are entitled to travel expense. Both counsel claim that the Agreement is unclear and ambiguous. The Union maintains that past practice supports its case.
Nova Scotia Power Corp v International Brotherhood of Electrical Workers (IBEW), Local 1928 (1986), 1986 CanLII 6051 (NSLA) (Arbitrator: Innis Christie).