Re Miller et al. and Algoma Steelworkers Credit Union Ltd. et al.

1974 CanLII 860 (ON SC)Decided Employment contract

Collective Agreement Dispute: Assistant Manager Excluded from Bargaining Unit

Summary

A labour and employment case involving the interpretation of a collective agreement and the exclusion of an assistant manager from a bargaining unit. The arbitration board was found to have erred by relying on the statutory definition of 'employee' under the Labour Relations Act rather than interpreting the specific terms of the collective agreement. The award was quashed, and the matter was remitted to a new arbitration board.

Outcome

Award quashed and matter remitted to a new arbitration board

Award

The arbitration award was quashed due to the board's failure to address the specific terms of the collective agreement.

Key Factors

  • collective agreement
  • bargaining unit
  • managerial functions
  • arbitration jurisdiction
  • statutory definition of employee

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.