Re Nova Scotia (Minister of Education) and NSTU

Document Type

Arbitration Decision

Publication Date

11-25-1995

Keywords

Annapolis, Nova Scotia Community College, Principalship, Campus, Professional Agreement

Abstract

This is a grievance by the Union on its own behalf. The man who was appointed Principal of the College of Geographic Sciences in Lawrencetown, N.S., which is part of the Nova Scotia Community College, was also appointed Principal of the Annapolis Campus in Middleton. These colleges are subject to two different agreements. The Union contends that the Employer failed to properly appoint the principalship of the Annapolis Campus in accordance with the terms and conditions of its Professional Agreement. The Employer's position is that the Principal appointed was simply given administrative responsibility at the Annapolis Campus. They claim that the Union is not the representative of principals in the Nova Scotia Community College, has no standing to question the Employer's employment arrangements, and that the matter is beyond the jurisdiction of the Arbitrator because the Principal is a third party. The Employer submits that principals have a presumptive entitlement to the benefits of the Professional Agreement and to seek the assistance of the Union in getting them, but they are free to negotiate any terms they wish with the Employer. The Union argues that a principal is entitled to benefits under this Agreement and that an Arbitrator has jurisdiction to deal with such a matter, stressing that it is the Union that is the Grievor.

Comments

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

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