Union Grievance, Collective Agreement, Bargaining Unit, Promotion, Reorganization
Union Grievance alleging that the company had violated the collective agreement by promoting certain employees outside the bargaining unit.
In art. 1 of the collective agreement the company recognizes the union as sole bargaining agent on behalf of its office and clerical employees, subject to a long list of exclusions which includes "secretaries to department managers and above". This arbitration arises from the fact that the company effected a reorganization at the start of 1970 by which, in company terms, the procurement department became the sub-division of procurement and material "headed by a director who administers five different and separate departments" each headed by a manager. The company has since assumed that the secretary assigned to each of these "managers" is excluded from the bargaining unit. The union's position is that, whatever reorganization the company may have made for its own purposes, the company cannot unilaterally affect the rights of the union under the collective agreement by a change in job titles.
Re United Automobile Workers, Local 673, and Douglas Aircraft Co of Canada Ltd (1970), 21 LAC 281,  CLAD No 39 (Can LA) (Arbitrator: Innis Christie).