Saint Martha's Hospital v National Automobile, Aerospace & Agricultural Implement Workers Union of Canada (CAW-Canada)
Document Type
Arbitration Decision
Publication Date
7-20-1995
Keywords
Collective Agreement, Hospital Rate, Halifax, Dartmouth, Engineers, Prevailing
Abstract
This is a Union grievance alleging breach of the Collective Agreement signed October 8, 1992 and, specifically, of the Letter of Agreement attached to it, in that as of March 31, 1992, the Employer failed to pay what the Union alleges was the "prevailing Halifax/ Dartmouth hospital rate" for Third Class Stationary Engineers with second class refrigeration licences. The issue to be determined is what is meant by "prevailing Halifax/Dartmouth hospital rate." The Employer submits that the appropriate comparison should be made to the equivalent classification and corresponding salary rates contained in the salary appendices of the recognized hospitals' Collective Agreements. The Union submits that the appropriate comparison should be made to the actual rates being paid to Stationary Engineers at the recognized hospitals. The Arbitrator could not accept the Employer's submission as the Collective Agreements of the recognized hospitals did not provide for any one salary for Third Class Stationary Engineers with second class refrigeration licences. The Union's submission provided the Arbitrator with less difficulty. Webster's Encyclopedic Dictionary of the English Language, Canadian Edition, provides "prevailing" as one of the meanings of "predominant." The high rate sought by the Union was being paid at three of the four recognized Halifax/ Dartmouth hospitals. The low rate sought by the Employer was being paid at only one hospital. The high rate is more obviously the prevailing one.
Recommended Citation
Saint Martha's Hospital v National Automobile, Aerospace & Agricultural Implement Workers Union of Canada (CAW-Canada) (1995), 1995 CanLii 17428 (NSLA) (Arbitrator: Innis Christie).
Comments
Summary available on CanLii.