June 14, 2001

PRE RETIREMENT LEAVE, GROUP 1

On June 14, 2001 the Local argued two grievances concerning the 2001/2002 Pre-Retirement Schedule for the Group 1 employees in both Retail and C&D.

C&D Employer and Retail Employer took different approaches to the Pre-Retirement Schedule for the 2001/2002 Fiscal Year.

In the retail section, the employer took the position that, after the completion of the second round of the Annual Leave Draw, only those remaining / leftover weeks minus the month of December 2001 would be offered in the Pre-Retirement Schedule. This, of course, meant that many employees were denied Pre-Retirement Leave at desirable times of the year. The Local argued that the Pre-Retirement Schedule was separate and distinct from the Annual Leave Schedule and that by using the leftover annual leave weeks for pre-retirement leave, the employer was, in effect, combining them into one schedule.

The Arbitrator ruled that the Schedule was Separate but that the employer could determine the time of the leave taking into account several factors. The union could not claim a 52-week schedule without restrictions. The Arbitrator dismissed the grievance.

In C&D, the employer offered an unfettered 48-week schedule in each zone, copying exactly the Annual Leave Schedule and excluding the month of December 2001, which was also a change from past years. 

The Local argued that the blanket exclusion of the month of December is in violation of the Collective Agreement in that it mirrored the 48 week Annual Leave Schedule and there was no proof provided to indicate an operational problem. The Employer argued that they could exclude the month of December 2001 as a blanket policy because it was a busy time of the year.

The Arbitrator ruled that the employer could not exclude, as a policy, the month of December in a Pre-Retirement Schedule, but had to look at the actual requests, operational requirements and wishes of the employees.

The Local will be consulting shortly with the C&D Employer and Retail Employer to open up additional weeks of Pre-Retirement Leave. Once the new schedule is finalized we anticipate the bidding process for selection of the additional weeks will commence.

In Solidarity

Mike Duquette
President
Scarborough Local