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.
Re United Cork Linoleum & Plastic Workers, Local 380, and Union Carbide Canada Ltd (1966), 17 LAC 171, 1966 CanLII 869 (Ont LA) (Arbitrators: Innis Christie, G Brooks, CW VanWinsen).