Revera Long Term Care Inc. (Westside) v. Service Employees International Union, Local 1 Canada, 2013 CanLII 1218 (On LA)

The Union grieved the Employer’s reduction in hours claiming it was an improper lay off.  The Union also raised an issue at arbitration that it was a violation of the hours of work clause.  The grievance was allowed in part.  The Arbitrator determined that an equal reduction of one hour across all shifts was not a lay off.  Reducing the standard shift length was, however, a violation of the normal hours of work provisions.  Given the fact that this issue was not raised until arbitration, the damages were limited to the period of time following the first day of arbitration to the date the hours were reinstated.