Cybus Trade Case Study

Case Name:
International Union of Delivery and
Route Sales Representatives (Local 13) vs. Cybus Industries

BEFORE THE ARBITRAL BOARD
IN THE MATTER OF an Arbitration
Between
Cybus Industries, (hereinafter referred to as the
"Employer"), and
International Union of Delivery and
Route Sales Representatives (Local 13),
(hereinafter referred to as the
"Union")

(Re Smith Grievance)

AWARD
(17 Paras)
A. Introduction

(a) Facts and Nature of dispute

1. In this arbitration we deal with the issue of a Grievance raised by the Union regarding the ‘letter’ issued by the Employer to its employee Mickey Smith (hereinafter referred to as ‘employee’) who was hired by the employer as a Route Sales representative in December 2014.
2. The Grievance in the present case relates to the interpretation of the collective agreement and if the issuance of the ‘letter ‘falls within disciplinary proceedings where the union should be involved.

(b)

This requirement is found to be absent in the decisions of the employer inch the present case.
(iii) Presence of the Union representative would have not only fulfilled the; legal requirements but would also have brought a higher bargaining power to the employee and the informal; proceedings can be seen as method to mask this requirement.
(iv) Keeping in view this situation, we find that in the present case although all issues of Article 13.2 and 13.3 such that meeting and issuing of letter were performed by employer, the fact that a union representative was absent violated the rights of the employee in such proceedings. Since, the proceedings matched the criteria of Article 13.2 and 13.3 of the collective bargaining agreement we find that those were indeed disciplinary proceedings and arbitral proceedings can be started in such