Hay Lake Manufacturing
Manitoba which produces high-pressure cylinders for the storage of propane. It employs 300 full time workers that are in the bargaining unit which created many collective agreements. The most important being the following. “Article 2 Recognition: provides that the union Is recognized as the bar- gaining agent for all employees of the company In Winnipeg, Manitoba, save and except quality control technicians, supervisors, errors above the rank of supervisor, office, clerical, and sales staff.
Article 4 Bargaining unit Work: provides that no work shall be performed by persons outside of the bargaining unit when qualified employees are avail- able or on layoff. Article 20 Seniority: provides that In the event of a Job vacancy, the me- player shall promote or transfer employees based upon skill, ability, and Job knowledge required, and when In the company’s opinion skill, ability, and Job knowledge are equal, seniority shall be he deciding factor.
Article 21 Job Posting: provides that Job openings shall be posted for three days and applications for open positions will be accepted for three additional days. The company hired two coordinators in a different warehouse and a grievance was filed because the workers hired were not from the bargaining unit. As a union officer you could mention that only one of the positions was a management position and the other wasn’t. Therefore the jobs weren’t both really overfed by the agreement from what I understand.
I would also agree that there was no warehouse at the time that the collective agreement was signed so anything that happens from the warehouse should unfortunately be exempt. As a arbitrator I would have to agree with the employer and say that what’s done is done. You can’t really fire the two workers after they have been hired and also the employer did not really breach the collective agreement apart from the not both of positions were really management.