As you may already be aware, the company has decided to make the
claim that only employees who have held permanent positions are
entitled to JS SUB payments when laid off. Even though there
is no language to support this in our Job Security Agreement,
they are denying members the benefits that they are entitled
to. The company is also saying that they have applied the JSA
this way in the past, in Ontario and the Prairies and that the
former Union did not challenge it, therefore they have the right
to continue. They admit that they have not been consistent, but
feel that doesn't matter.
I don't know for sure if they've actually denied claims for this
reason in the past or if they did, I don't know if the former Union
did not challenge it. But I reminded them...We are not the former
Union.
In my opinion, the only position that matters on this issue is
what the JSA states. And the JSA is clear. There are requirements
that you must meet to be eligible for SUB and if you meet those
requirements then you are entitled. End of story.
The company cannot add requirements or claim that other Unions
do it diffferently.... the wording, in our JSA, is clear. We have
argued it with them, but they are holding firm, so we have initiated
a grievance at step II and are awaiting their reply so that it
can be heard by the arbitrator.
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