National, Union Grievance, Intervention, Remedies, Joinder, Collective Agreement
Preliminary Issues involving intervention in hearing, scope of available remedies and joinder of grievances.
National union grievance dated December 30, 1991, alleging breach of the collective agreement between the parties bearing the expiry date 31-07-89, but kept in effect by force of legislation, and in particular of arts. 11, 12 and 13, in that the employer designated certain wicket positions as bilingual without justifying, for each position, the need for this change and without regard to the staffing requirements of the collective agreement. The union requests a declaration that this action by the employer was in breach of the collective agreement and in bad faith, an order that the employer restore the situation as it was, hold constructive consultations with the union on all questions of positions to be designated bilingual and pay damages, with interest, to the union and all of its members adversely affected by the employer's action.
Re Canada Post Corp and CUPW (1993), 35 LAC (4th) 300, 1993 CanLII 16737 (Can LA) (Arbitrator: Innis Christie).