June 26, 2020 - A November 27, 2019 hotline communicated the Union’s intent to seek a ruling from the Arbitrator over the Company’s proposed compensation to our members, stemming from the Arbitrator deciding the Concierge grievance in our favour. A return to the Arbitrator was made necessary due to the Company’s position that they could recalculate and clawback SIP to settle the Concierge grievance award.
The process began with contacting the Arbitrator to determine by what method arguments for a ruling would be conducted. Agreement was reached to proceed with written arguments. Both Union counsel, and the Company’s legal counsel, have entered their written arguments. Lastly, Union Counsel concluded the process with a final written reply on the Company's written submission. The request for a ruling from the Arbitrator, via written submissions, is now complete.
Telus continued to maintain that they are entitled to an after-the-fact clawback of SIP, already paid to affected agents, and a re-calculation of SIP to a lower rate which, in effect, reduces the back pay owed to agents under the awarded grievance.
The Union asserted that no employer clawback of SIP could be justified. The arbitrator’s original grievance award confirmed that there was a breach of the collective agreement for the underpayment of wages for work of a higher value. That original award rejected the Company's defense argument that, due to higher SIP paid in Concierge, the grievance for a higher rate of pay should be denied.
We want to thank all Concierge members who have been waiting for final justice, and ask for patience a little longer, as the Arbitrator considers the merits of legal arguments presented. We are hopeful for a decision from the Arbitrator by the end of the year.
In Solidarity,
USW Local 1944