ICL Intl. Carriers v. Teamsters Union, (1984) 7 O.A.C. 11 (DC)

Judge:Osler, Anderson and Gray, JJ.
Court:Superior Court of Justice of Ontario
Case Date:October 22, 1984
Jurisdiction:Ontario
Citations:(1984), 7 O.A.C. 11 (DC)
 
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ICL Intl. Carriers v. Teamsters Union (1984), 7 O.A.C. 11 (DC)

MLB headnote and full text

In The Matter Of an interim award of a board of arbitration composed of Maureen K. Saltman, Joseph R. Doe and Reginald E. Burnell, Q.C.;

And In The Matter Of an award of a board of arbitration composed of Maureen K. Saltman, Joseph R. Doe and Reginald E. Burnell, Q.C.

I.C.L. International Carriers Limited v. Teamsters Union, Locals 141, 879, 880 and 938

(No. 554/84)

Indexed As: I.C.L. International Carriers Ltd. v. Teamsters Union, Locals 141, 879, 880 and 938

Ontario Divisional Court

Osler, Anderson and Gray, JJ.

November 20, 1984.

Summary:

MacVicar was dismissed from his employment after he was involved in a motor vehicle accident. The employer's letter of termination referred to five previous preventable accidents in which MacVicar was involved. The union grieved on his behalf. The board of arbitration made an interim award that only MacVicar's accident record for the past year could be considered, pursuant to the collective agreement. The arbitration board made a final award to reinstate MacVicar without pay but with no loss of seniority or benefits. The employer applied to quash both the interim and the final awards.

The Ontario Divisional Court dismissed the application.

Labour Law - Topic 6724

Industrial relations - Collective agreement - Interpretation - Employee records - Adverse performance reports - An employee grieved his dismissal for his involvement in six preventable accidents - The collective agreement provided that "frequency of accidents" could be considered in disciplining for accidents caused by the employee - The agreement also stated that all disciplinary infractions be removed from the employee's record after one year - The arbitration board ruled that only the employee's past year's accident record could be considered - The Ontario Divisional Court upheld the board's interpretation of the collective agreement - See paragraphs 4 to 18.

Labour Law - Topic 7060

Industrial relations - Collective agreement - Enforcement - Jurisdiction or powers of arbitrator - Variation or alteration of disciplinary penalty - An employee was dismissed for causing an accident - The employer considered five previous preventable accidents involving the employee, contrary to the collective agreement (which provided that only the employee's accident record for the previous year could be considered) - The agreement also stated that accidents could result in discipline from reprimands to dismissal, considering, inter alia, their frequency - The Ontario Divisional Court held that the arbitration board had the power to reinstate the employee without pay - See paragraphs 9 to 37.

Cases Noticed:

Sasso Disposal Limited v. Teamsters Union Local 880 (1975), L.A.C.(2d) 152, refd to. [para. 28].

Re Outboard Marine Corp. of Canada Limited v. United Steel Workers Local 5009 (1973), 4 L.A.C.(2d) 82, refd to. [para. 28].

Re U.S.W. Local 2894 v. Galt Metal Industries Limited (1971), 23 L.A.C. 33, refd to. [para. 28].

Re Douglas Aircraft Company of Canada Limited and International Union United Automobile Aerospace and Agricultural Implement Workers of America (1974), 4 O.R.(2d) 521, refd to. [para. 29].

Statutes Noticed:

Labour Code, R.S.C. 1970, c. L-1, sect. 157(d)(ii) [paras. 22, 24, 30].

Counsel:

L.P. Kavanaugh, Q.C., for the applicant;

J. Melnitzer, for the respondent.

This application was heard before Osler, Anderson and Gray, JJ., of the Ontario Divisional Court on October 22, 1984. The decision of the Divisional Court was delivered by Osler, J., and released on November 20, 1984.

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