Re Dartmouth District School Board and NSTU
Document Type
Arbitration Decision
Publication Date
12-8-1996
Keywords
Full-Time, Service, Dartmouth, Professional Agreement, Teacher, Calculating, Estoppel
Abstract
The Grievor put in 21 years of full-time service with the Dartmouth District School Board. The grievance involves a failure by the Board to pay the Grievor the full amount of her Service Award, pursuant to the Professional Agreement, because it did not take into account her periods of service as a term appointee or as a substitute teacher. The Board says that years of service include only years during which a teacher was either a probationary or permanent teacher, and continuously employed prior to leaving the employ of the Board. The Union argues that they include broken periods and teaching on term appointments, or as a substitute. At issue is whether it was legitimate under the Agreement for the Board to use a different basis for calculating years of service for purposes of the Service Award than was used for other purposes. In the alternative, the Board submits that if the Agreement is interpreted as providing that term or substitute teaching counts for purposes of the Service Award, the Union is estopped from relying on that interpretation until the Board has had an opportunity to renegotiate the Agreement.
Recommended Citation
Re Dartmouth District School Board and NSTU (1996), 1996 CanLII 19481, 46 CLAS 221 (NSLA) (Arbitrator: Innis Christie).
Comments
Case summary available at the Sir James Dunn Library via Canadian Labour Arbitration Summaries. Summary available only on CanLii. Full text available online at WestlawEdge Canada and Lexis+ (subscription required).