Personal Grievance Case Acme Chemical Company and Reg Pistoff

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Submitted By flixide
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Application
The matter concerned is a personal grievance/dispute between Acme Chemical Company and Reg Pistoff. The complainant Reg Pistoff has accused Acme Chemical Company of violating the collective agreement between Acme and the union which Mr Reg Pistoff is a member of . The notice of dispute stated by Mr Pistoff stated that Mr Dan Neksdup was called back to work and began working December 8th 2010; he is a junior to Reg Pistoff, Mr Pistoff should have been called back to work first. The remedy the union demands is that the employer ceases and desists from violating the collective agreement, That the incidents be rectified and proper compensation, including benefits and overtime at the applicable rate of pay be paid, and that all who are affected be made whole in every aspect.
Facts of the case:
Before we look at the history of the case and the employment relationship between Mr Reg Pistoff and Acme Chemical Company, we must firstly address the employment contract in place at the warehouse. The union and the employer (Acme chemical Company) had a collective agreement which it had been using for the previous two years, from 2008 until 2010. A side agreement which the union and the employer Acme Chemical Company have had for the past two years provided the following:
“Where permanent employees’ position become redundant to the company’s need any temporary jobs shall be filled by those employees whose positions have been made redundant in order of seniority, with the most senior employee to be offered the temporary job first”.
The ‘side agreement’ also contained a provision for termination by either party on a one-month’ notice, On September 1 2010 the union had notified the employer Acme Chemical Company that it intended to terminate the agreement effective of 1 October 2010 and to thereafter to use the provisions of the collective agreement as it related…...

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