Re Halifax-Dartmouth Industries Ltd and Industrial Union of Marine and Shipbuilding Workers of Canada, Local 13
Collective Agreement, Temporary Chargehand, Overtime, Replacement, Ambiguous, Job Priority
The Grievor claims the Employer violated specific provisions of the Collective Agreement by having a temporary chargehand do overtime work the Grievor was qualified to do. The provision reads "Chargehands shall not replace employees on overtime". The Union argues that this means a chargehand cannot do tradesmen's work on overtime, except in limited circumstances set out in the Agreement, but which do not apply in the present case. The Employer argues that the Grievor was not replaced since he was not working overtime on that job to begin with. The Employer argues that as the Grievor never worked on the job in question, he could not be replaced by the chargehand.
Re Halifax-Dartmouth Industries Ltd and Industrial Union of Marine and Shipbuilding Workers of Canada, Local 13 (1987), 1987 CanLII 8030, 8 CLAS 40 (NSLA) (Arbitrator: Innis Christie).