Re Truro (Town of) and CUPE, Local 734
Document Type
Arbitration Decision
Publication Date
2-11-1992
Keywords
Foreman, Holiday Pay, Statutory Holiday, Temporary, Policy, Jursidiction
Abstract
The union alleged the employer failed to pay the grievor the foreman's rate of holiday pay for a statutory holiday. The grievor had temporarily replaced his foreman prior to, and after, the holiday and was paid at the foreman's rate for all regular hours worked. The employer's policy was to pay employees on temporary assignment at their regular rate of pay for holidays, vacation time and sick leave. The union's position was that it had never been made aware of this policy. In preliminary objections, the employer argued the board had no jurisdiction to hear the matter because when the grievor acted as foreman, that position was excluded from the bargaining unit. Alternatively, if the board did have jurisdiction and determined that the grievance succeeded, the board was without jurisdiction to order the holiday rate be paid because the foreman's pay rate was not in the agreement.
Recommended Citation
Re Truro (Town of) and CUPE, Local 734 (1992), [1992] NSLAA No 8, 1992 CanLII 13696 (NSLA) (Arbitrators: I Christie, E Durnford, K Hennick).
Comments
Summary available only on CanLii. Case summary available at the Sir James Dunn Library via Canadian Labour Arbitration Summaries. Full text available online at WestlawEdge Canada and Lexis+ (subscription required).