Document Type

Arbitration Decision

Publication Date



Collective Agreement, Employee Grievance, Promotion, Management Rights Provision, Union


Employee Grievance claiming improper application of seniority provisions.

The issues in this case are therefore:

Where the company has the right under the collective agreement to deny promotion to the grievor, who is the senior man, on the ground that he does not satisfy educational qualifications unilaterally prescribed by the company.

If the company is successful in issue, can it be said that the grievor does not in fact have the qualifications prescribed by the company in this case.