January 14, 2022 - After almost two years of waiting, Arbitrator Sims has delivered his much-anticipated decision on Shaw’s use of the Automation clause rather than the Lay-Off clause of the collective agreement when laying off the 54 Technical Field Representatives.
The arbitrator dismissed our grievance on the issue. To say that we are beyond disappointed in this decision is a gross understatement. We are having our legal team evaluate if an appeal, known as a Judicial Review in arbitral terms, is appropriate. In addition, we are now having to look at how this decision impacts several other grievances pertaining to the same articles.
The Union had a witness give sworn testimony, based on having been a former TFR that had transitioned into an installer role. His testimony was that “TFR’s have substantial expertise and skills, and could quite easily have been transitioned into the new roles with some training had seniority correctly been recognized”. The Employer, unfortunately, was able to convince the arbitrator that the TFR workgroup “overlooked some important skills which could be learned, but were not at the time possessed by TFR’s.”
The Union would like to sincerely thank all of the impacted members for their patience throughout this hearing and while we all waited for this decision. As the sting of this loss impacts us all, we are reminded of our former International President’s Leo Gerard’s mantra “We cannot promise that we will win every fight, but we can promise that by not fighting, we will lose.” We will take those words to heart as we continue to evaluate this decision and as we begin to prepare for the next round of bargaining.
