Re United Brewery Workers, Local 800, and Loblaw Groceterias Co Ltd

Innis Christie, Dalhousie University Schulich School of Law


Union Grievance seeking interpretation of seniority provisions of collective agreement.

The facts:

Except on the matter of past practice the facts are not in dispute. In January, 1967, the company placed George McKinnon in the position of receiver in the grocery department of their store at 720 Ouellette Avenue, Windsor, Ontario. Mr. McKinnon was first employed by the company in the Autumn of 1932. From 1932 until 1938 he held various jobs which would now be performed by members of the bargaining unit for which the union is bargaining agent. This fact was not disputed by counsel for the union. In 1938 Mr. McKinnon was promoted to manager and held that position with the company until January 1967 when, for health reasons, he was demoted to the position of receiver. Receivers are within the bargaining unit as defined in art. 1.01 of the collective agreement.