Re ABT Building Products Canada Co and CEP, Local 434

Document Type

Arbitration Decision

Publication Date



Forklift, Vacancy, Operator, Overtime, Off-Duty, Rehumidification, Good Faith


The grievance alleges that the Employer breached the Collective Agreement by using the Island Humidifier Operator rather than a Lift Operator to operate a forklift. The Union claims that, because the Employer did not use the First or Second step in the process for filling what characterizes as a vacancy for a Fork Lift Operator, the Third step had to be followed and the Grievor, as the senior off-duty Lift Operator, was entitled to be compensated for not having been called in on overtime. The Employer states that whoever operated the rehumidification machine, if he was a qualified Fork Lift Operator, always operated the fork lift serving it. There was no vacancy because the work in question was properly done. The Union alternatively submits that there was technological or operational change which was not carried out in accordance with the Agreement.


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 (subscription required).