Employee laid off for exercising collective agreement rights is reinstated
The lay off was a reprisal, not a good faith decision made for proper economic reasons, arbitrator holds
The City of Windsor was recently required to reinstate a painter whose position had been eliminated and work contracted out. An arbitrator held that the decision to eliminate the position was a reprisal taken by a department head who was upset that the grievor had exercised his right under the collective agreement to have the parties’ joint job evaluation committee assess his position. They recommended an increase in his classification and rate of pay. When the grievor had the temerity to challenge the retroactivity date of the upgrade, the department head decided to get rid of the position altogether.