The Union claimed that the grievor had achieved non-regular seniority rights under the Collective Agreement and therefore had rights of first refusal to future work. The Employer disagreed claiming that the grievor had failed to meet the requirements to achieve non-regular seniority rights under the Collective Agreement. The Arbitrator dismissed the grievance holding that the Employer was correct in its methods and time it included towards determining whether an employee attained non-regular seniority rights and that the grievor had not achieved non-regular seniority rights under the Collective Agreement.
Fasken was Counsel for the Employer.
