Local 71 – CCRSB – Outcome of Grievance Arbitrations

Local 71 – Chignecto Central Regional School Board (CCRSB)

Outcome of Grievance Arbitrations

As you may be aware, the NSGEU recently took four CCRSB Library related grievances to arbitration. The hearings were held on December 3rd and 4th, 2014. There were three policy grievances and one individual grievance. Please find below, a brief summary as well as Arbitrator Lafferty’s decision for each.

1. Policy Grievance re: Volunteers – Following significant cuts to library staffing, the union filed a grievance on May 29, 2012 regarding the use of volunteers in the CCRSB libraries, most notably in areas where staff positions were eliminated completely. Unfortunately, we were unsuccessful at binding arbitration. The arbitrator concluded that the use of volunteers did not cause the layoff of members and therefore did not constitute a violation of the Collective Agreement. Please refer to article 29 of the Collective Agreement.

2. Individual Grievance – Following the cuts to library staff in 2012, the employer moved a member to another location outside of their family of schools and in excess of 20 kilometres at reduced hours. The union grieved this, as it was a clear violation of LOU #3 of the Collective Agreement. The arbitrator found that the member was entitled to the specific job security provisions contained in the LOU and awarded redress in the form of compensation for lost hours, travel expenses and full time hours.

3. Policy Grievance re: Manager performing Bargaining Unit Work – Instead of filling a MLIS position at a school, the employer had placed a Library Manager at the site. The union believed that the Manager was performing the work of NSGEU members and proceeded with a grievance. The arbitrator determined that the Manager was in fact performing Bargaining Unit work 50% of the time (.8FTE) and awarded to Union a .4FTE position, which will be posted.

4. Policy Grievance re: Failure to Post – This grievance was filed in an effort to challenge the employer to post a MLIS position one day a week when the Manager was not present at the school where she was working. This grievance was withdrawn at the commencement of the hearing under legal opinion.

The union is presently consulting with the employer as to the timing of the implementation of the awards.

If you have questions or concerns about the outcome of these grievances, please contact Employee Relations Officer, Nicole McKim, at the NSGEU by calling 902-424-4063 (toll-free 1-877-556-7438) or emailing inquiry@nsgeu.ca.