Does a union have a valid claim to arbitrator when a temporary position is posted?
Canada (Federal), Canada
The following excerpt is from Edwards v. Treasury Board (Canada Border Services Agency), 2019 FPSLREB 62 (CanLII):
In St. Michael’s Hospital v. Ontario Nurses’ Association (2013), 235 L.A.C. (4th) 389, the employer posted three temporary positions. The union argued that they did not fall within the specific circumstances described in the collective agreement when temporary vacancies were deemed to exist. The arbitrator concluded: 38 … it can be inferred that by expressly mentioning those circumstances that give rise to a temporary vacancy, the parties have intentionally excluded other circumstances not so identified. (The expressio unius exclusio alterius rule of interpretation.)….
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