Arbitration Awards - Seniority

Gateway Casinos (Starlight Seniority Issue) (September 1, 2010) - #1008

The Employer opened a new casino and brought together two groups of workers from different work locations.  There was an unresolved issue regarding the determination of seniority between the Riverboat Casino workers and the Royal Towers Casino site (which had been closed for 2 years). The Union provided separate independent legal counsel to the two groups to resolve the seniority issue.  The arbitrator provided guidance to the parties which will dovetail the classification seniority dates for all members.

BCGEU and Mainroad East Kootenay – (June 30, 2010) – #1006

The member was a road foreman (RF) who worked in an RF1 position.  He moved to an RF4 position and shortly after the move, the employer reclassified his position as an RF2.  The Union grieved the reclassification and successfully argued the position was properly classified as an RF4 position and the member should receive the increase in pay on a retroactive and ongoing basis. The Union called evidence to establish the member was performing the same duties as other RF4s and the same duties as the previous employee in that position.

Province of BC and Matuszewski (July 14, 2008) B.C. Supreme Court

The union intervened in the employer appeal of the BC Human Rights Tribunal decision which found the employer violated the Human Rights Code because members do not accrue seniority while in receipt of long term disability benefits. The Court allowed the employer appeal on the issue of mootness having concluded that the arbitration award in Shesha (2002) had resolved the issue in the employer's favour. The Court referred back to the Tribunal the issue of whether any outstanding damages are owed to the member for wage loss, damages to dignity and interest.