COLLECTIVE AGREEMENTS - Civil actions - When available - Provisions - Grievances

Law360 Canada (October 13, 2022, 6:23 AM EDT) -- Application by Mammoet Canada Eastern Ltd. (Employer) for judicial review of the arbitrator’s decision. The issue raised was whether a labour arbitrator’s interpretation of a provision in a collective agreement concerning the compensation of employees required to use or transport the Employer’s equipment was reasonable. Sickle was a crane operator employed by the Employer. In July 2019, Sickle was assigned to work on a project at a job site in Napanee on two separate occasions. On both occasions, he was given an allowance for the cost of food and lodging, as fixed in the Collective Agreement. However, in September 2019, he was not paid for his travel time and allowance. The grievance was referred to the Ontario Labour Relations Board where it allowed the Union’s grievance and obligated the Employer to pay Sickle his hourly wage for time spent commuting between his hotel and the Napanee job site using the rental car....
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