Re Ultramar Canada Inc and Atlantic Oil Workers, Local 1

Document Type

Arbitration Decision

Publication Date



Lay-Off, Refinery, Seniority, Retrain, Supervision, Qualification, Discretion


The Grievors were laid-off when the Employer closed its refinery. The Union contends that because of the Grievors' greater seniority, they should have been retained for the mothballing process, rather than four of the five employees who were retained. The Employer had a contractual obligation to retrain them to the work required. The Employer's position is that the Grievors were not considered for the mothballing process because they lacked adequate experience, training and knowledge to do the required work rapidly and with minimal supervision under dangerous and exacting circumstances.


Summary available on CanLii and at the Sir James Dunn Law Library via Canadian Labour Arbitration Summaries. Full text available online at WestlawEdge Canada (subscription required).