In this decision of Arbitrator Diane Gee, the United Food and Commercial Workers Canada, Local 175 (“the Union”) grieved that ADM Agri-Industries (“the Employer”) violated the collective agreement by implementing a new schedule in November 2020.
The normal work week defined under the collective agreement consisted of “5 consecutive workdays scheduled Monday through Friday.” In November 2020, the new schedule resulted in employees frequently being scheduled for one day off from Monday to Friday and required to work weekend overtime shifts.
The Union grieved that with this new schedule, the Employer effectively created a new normal work week in violation of the collective agreement. The Union also grieved that employees scheduled off from Monday to Friday were temporarily laid off, and that the Employer’s use of third-parties to perform cleanup work during this time was prohibited by the contracting out provisions of the collective agreement.
In the result, Arbitrator Gee allowed the Union’s scheduling grievance and issued a declaration that the Employer scheduled employees in a manner inconsistent with the collective agreement.