In a bulletin (#47) that appeared on October 21, 2015, the Union advised members that it had filed a national grievance (N00-12-00017), along with an application for a cease and desist order, under clauses 9.87 and following of the Urban Operations collective agreement.
CUPW referred the grievance to the next arbitrator on the national list, i.e. Michel Picher, and it was heard on October 28, 2015. The employer immediately raised an objection to the arbitrator’s jurisdiction by stating that arbitrator Kevin Burkett has reserved jurisdiction over this matter in grievance N00-07-00032. CPC argued that, under clause 9.98, the application had to be filed with arbitrator Burkett.
The objection over arbitrator Picher’s jurisdiction was sustained and, as a result, the Union must submit its application to arbitrator Burkett. Following several exchanges, the parties have agreed to appear before arbitrator Burkett at the first available date, i.e. on November 18, 2015.
We will keep you informed of any developments in this important matter.