The employer and the employee could not enter into an agreement without the union

A welder challenged the employer’s decision to cancel an individual agreement between them following the employee’s resignation. The employer had retroactively granted the employee a week’s vacation period and had reinstated him in his position with all attendant rights and benefits, including seniority. Realizing that this agreement was in violation of the collective agreement, the employer decided to disregard it, and to treat the employee as a new recruit following his return to work. According to the arbitrator, the employer had no business granting a week’s vacation during a period when the employee no longer had employee status. In addition, no employee can negotiate working conditions in a context involving a certified union. The employer could not enter into an agreement with the employee, without the approval of the union, to the effect of granting him working conditions at variance with those prescribed in the collective agreement. As this error did not generate any rights, the grievance was rejected.

Lavoie v. Industries Océan Inc. 2014EXPT-1418, D.T.E. 2014T-537 (T.A.) Martin Racine Esq.