Re Truro (Town of) and CUPE, Local 734

Document Type

Arbitration Decision

Publication Date



Foreman, Holiday Pay, Statutory Holiday, Temporary, Policy, Jursidiction


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.


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