Heshka v. Lafarge Canada Richmond Cement Plant and others, 2011 BCHRT 222
Canada Safeway Limited v United Food and Commercial Workers’ Union, Local 1518 (Skiryzck), 2011 CanLII 6568 (McPhillips)
Canadian Affiliates of the Alliance of Motion Picture and Television Producers v. Canadian Media Production Association, BCLRBC No B176/2010
WorldColor v. Communications, Energy and Paperworkers Union of Canada, Local 525-G (Attendance Grievance), [2010] BCCAAA No 13 (Somjen)
The employer issued letters to nine employees about their absenteeism. The union argued that the letters were disciplinary and improper. The employer suggested they were merely letters of expectation. The arbitrator agreed that they were disciplinary and improper and ordered that they be removed from their files.
Vancouver Drydock Co. v. Marine Workers & Boilermakers Industrial Union, Local 1 (Barratt)
The grievor in this case had a beer with his lunch some three hours before reporting to work. He had a slight odour of alcohol when he reported to work. The employer demanded that he be drug tested and he refused. He was suspended indefinitely as a result.
The arbitrator agreed that the demand was unreasonable and illegal. The grievor was fully compensated for his losses.
The Fair Haven United Church Home and International Union of Operating Engineers, Local 882 (Corsi) (Sullivan)
The Support Services collective agreement in health care provides that an employer may recover sick bank payments made to an employee if the employee recovers monies in court from a personal injury claim. The grievor had collected sick pay and, signed a recovery agreement. She subsequently obtained damages in a personal injury action. The employer wished to recover 100% of the monies they paid out. The arbitrator agreed that the employer had to permit the grievor to deduct her legal fees and disbursements from the monies to be repaid to the employer.