The Union filed a grievance claiming that the Employer had breached the Collective Agreement when it failed to hire several casual employees into regular full-time positions.
The Union’s position was that casual employees had seniority rights under the Collective Agreement that limited the Employer’s management rights in hiring regular full-time employees. Arbitrator Brown dismissed the Grievance finding that casual employees cannot access seniority related provisions under the Collective Agreement and that the Employer had not breached the Collective Agreement in not hiring casual employees to regular full-time positions.
Fasken was Counsel for the Employer.