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CANADA POST CORPORATION AND CANADIAN UNION OF POSTAL WORKERS
Regular Arbitration - Toronto, Ontario - August 14, 1995
Appearances: For the Corporation - L. Waine For the Union (Scarborough Local) - R. Irwin, A. Colacci, G. Smith
Nadarajah 602-95-00116
Grievor had overdrawn his vacation leave allotment by one day and employer subsequently deducted one day's pay to make up for having paid for the overdrawn day. Leave application, dated February 10, 1995 was for period of February 13 to 17, 1995; it was signed by supervisor "Subject to availability of credits". Payroll clerk discovered on February 24 that grievor only had four days of credits at time of application. Hence, the deduction of one day on March 23, 1,995 pay cheque.
I find that the Godfrey case (Bird)[1], 1985, does not apply. There was no clerical error in this case, nor could it be said that grievor had been misled into believing he had five days leave in his credits.
Grievance denied.
Ottawa, Ontario, August 16, 1995 S. J. Frankel, Arbitrator
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