The Union grieved the Employer’s failure to recognize National Truth and Reconciliation Day, observed on September 30, as an additional statutory holiday pursuant to the Collective Agreement.
The Arbitrator agreed with the Union’s argument that National Truth and Reconciliation Day satisfied the language in the Collective Agreement in that it was “generally celebrated in the area.” The evidence established that the holiday enjoyed wide acceptance and celebration within a geographical area relevant to the Employer. As a result, the Arbitrator held that employees who worked on National Truth and Reconciliation Day were entitled to the same conditions as the statutory holidays listed in the Collective Agreement, including eight hours holiday pay at straight time plus double time for work on that day.