Re United Automobile Workers, Local 984, and York Gears Ltd
Employee Grievance, Bumping Up, Improper Denial, Collective Agreement, Past Practice
Employee Grievance alleging improper denial of opportunity to demonstrate ability on higher-rated job.
Award (in part):
There is a considerable difference of opinion among arbitrators with regard to bumping up. In Re Int'l Mine, Mill & Smelter Workers, Local 912, and Int'l Nickel Co. Ltd. (1955), 6 L.A.C. 37 (Anderson J., chairman) at p. 39, it was held that if there was to be bumping up it should be spelled out explicitly in the collective agreement. On the other hand in Re Int'l Ass'n of Machinists & Aerospace Workers, Local 1975, and Clevite Ltd. (1967), 18 L.A.C. 322 (Weiler, chairman - headnote only) a majority of the board held that under the collective agreement there in question in a work reduction situation a senior employee could transfer to any job for which he was sufficiently qualified, even if it involved a "bump upwards". Similarly, the American arbitration decisions have gone both ways. In most cases the decision is based on the wording of the particular agreement read in the light of past practice.
Re United Automobile Workers, Local 984, and York Gears Ltd (1969), 20 LAC 302, 1969 CarswellOnt 1063 (Ont LA) (Arbitrator: Innis Christie).