On October 19th, 2016, the NSGEU filed a grievance claiming that the employer’s posting of 18 new consultant positions was in violation of the collective agreement. That is, the union took the positions those jobs should be unionized.
Your employer denied that this action violated the agreement and, ignoring the union’s warning, continued their hiring process filling most of these position with non-union employees.
The file is now scheduled to be heard by Arbitrator Nelson Blackburn on June 22, 23 and July 10, 12. The union will present evidence to demonstrate our case to have the positions included in the NSGEU bargaining unit.
The union has retained the law firm of Pink Larkin to represent our interests at the hearing. The original grievance asked for a resolve that included the employer re-posting the positions. Pink Larkin has advised the union that this resolve would not be attainable in an arbitration. The law firm has advised the union to amend its remedy and seek to have the positions converted to unionized positions, but not require that they be re-posted.
The union instead will be asking as a resolve: “A declaration that any incumbents currently in the Consultant positions be offered the opportunity to join the NSGEU and that should an incumbent Consultant choose not to join the Union, that position will be posted and filled as a bargaining unit position when the current incumbent vacates the position.”
The NSGEU wanted to update you on this change to assure you that we are proceeding with our challenge and are continuing to push forward for a positive outcome for the membership.
Any members of the NSGEU wishing to discuss this issue further are invited to contact Donnie MacNeil, Employee Relations Officer or Shawn Fuller, Director of Servicing and Negotiations at 902-424-4063 (toll-free 1-877-556-7438).