Arbitration/Grievance Updates

Major Victories for NAPE Members

Major Victories for NAPE Members in 2011

NAPE grieved and arbitrated the implementation of a policy by the Department of Transportation and Works to deny all injured workers access to their sick leave when applying for their disability pension. The Arbitrator ruled in the Union’s favour, in that he found that all injured workers who become disabled from their jobs are entitled to their sick leave when applying for their disability pension.

A grievance seeking compensation for travel time and wages when crew members are required to participate in training sessions and meetings outside regular working hours, went to arbitration. An Arbitrator ruled that under the Marine Services Collective Agreement, compensation for time actually spent in attendance at training sessions and meetings outside regular hours is payable at the overtime rate of time and one half under the agreement.

NAPE won an arbitration case which cleared two conservation officers in Labrador of any wrong doing relating to a high-profile incident in December 2009. The officers were suspended by their employer for one week with no pay or benefits at that time. As a result of the arbitration case which vindicated them of any wrong-doing, the members were repaid all lost wages and any references to discipline were removed from their files.

The Arbitrator upheld the grievance, for a small group of workers within the Port aux Basques Community Employment Board (PABCEB), ordering retroactive payments of more than a dollar per hour applicable for an entire year prior to their Agreement expiring. Those members provide the same type of services to persons with disabilities as our members from the Burin/ Marystown Community Training and Employment Board who spent more than a year on a picket line. It is because of their resolve on the picket line that employees of the PABCEB, like those from Marystown, were able to improve upon their Collective Agreement including close to a 40% increase with nearly 20% of that accruing in the first year.

2NAPE supported Licensed Practical Nurses (LPNs) in an action taken by the College of Licensed Practical Nurses (CLPN). When we filed a grievance against a dismissal and won in arbitration in spite of the Arbitrator awarding full reinstatement, as there was no evidence to justify the firing, the CLPN held a disciplinary hearing and imposed a fine of $5,000 on the member to cover costs of the hearing. The LPNs license would be revoked until the fee was paid. NAPE challenged the decision in Court. The Supreme Court Trial Division struck down the Council’s decision and suspension. The Court also inferred that the CLPN could not ignore evidence and rely only the evidence that supported the CLPN’s own view.

NAPE appealed the rejection to pay out long term disability insurance to a member. Sadly, he passed away just days before we were notified that our appeal had succeeded. This triggered waiver of premium benefits, so in addition to the LTD benefits, his widow received a substantial amount in life insurance benefits.

The differential premium engages when the clock strikes 1600 until 0800 the following morning. Any employee under the collective agreement who works any time for the employer after 1600 or before 0800 the next day, unless the employee is regularly scheduled to work 0900 to 1700 is entitled to the differential.