Re Stora Forest Industries Co and CEP

Document Type

Arbitration Decision

Publication Date

3-13-1996

Keywords

Storage, Lime, Unloading, Supplier, Silo, Non-Bargaining Unit, Contracting Out

Abstract

The grievance concerns the unloading of lime, for use in a water treatment plant, from the supplier's truck to the Employer's storage silo. The Union claims that the connecting of a hose from the silo to the outlet on the truck must be done by maintenance pipefitters, who are classified as chemical unloaders, not the truck driver. The Employer submits that, since lime is neither an acid or one of the other substances listed in the relevant schedule of the Collective Agreement, unloading it is not work that the parties intended to be done by the chemical unloaders. The driver is simply delivering a product to the Employer's silo. Arrangements with suppliers, including who unloads materials delivered to the plant, are within Management's rights. The position of the Union is that by allowing non-bargaining unit personnel to unload lime, the Employer has violated both the contracting out section of the Agreement and the bargaining unit rights of the membership.

Comments

Summary available only on CanLii. Full text available online at WestlawEdge Canada and Lexis+ (subscription required).

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