Re Northern Electric Co. Ltd. and United Automobile, Aerospace Agricultural Implement Workers Union, Local 1535
Collective Agreement Dispute: Lay-off Determination and Damages Award
Summary
A merits decision involving a dispute over whether an employer's cancellation of work due to a strike constituted a 'lay-off' under a collective agreement, and whether an arbitrator erred in awarding full pay without evidence. The court held that the employer's action was not a lay-off and that the arbitrator erred in awarding damages without sufficient evidence.
Outcome
Employer's action was not deemed a lay-off; arbitrator's award of full pay was found to be erroneous.
Award
Arbitrator awarded full pay to employees for canceled workday, but this was later found to be erroneous due to lack of evidence.
Key Factors
- collective agreements
- lay-offs
- breach of multi-party agreements
- damages without evidence
- notice provisions
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