Amherst (Town of) v Canadian Union of Public Employees (CUPE), Local 1233

Document Type

Arbitration Decision

Publication Date

7-24-1995

Keywords

Contracting Out, Lay-Off, Seasonal, Janitor, Bad Faith, Financial

Abstract

This is a policy grievance against contracting out. The Employer has stated its intention to contract out the position of janitor at the Town Hall following the retirement of the employee currently holding that position. The Employer estimates that this action will save the town about $10,000/yr; the Union does not challenge this financial projection. This contracting out will not result in lay-offs, but it will deny a seasonal employee, a member of the Bargaining Unit, promotion to the year-round, full-time job. It is well recognized that employers have the right to contract out work except as specifically prohibited by the terms of the Collective Agreement. The Union in this case submits that there are express restrictions in the Collective Agreement which preclude the contracting out of the Town Hall janitorial position. Article 24.01 states, "The employer has the right to contract out any work, however such contracting out shall not affect the continued employment of those persons covered by this Agreement."

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