In what circumstances have management introduced a new time-keeping system?

Ontario, Canada


The following excerpt is from Canadian Pacific Railway Company v. Teamsters Canada Rail Conference, 2020 ONSC 5346 (CanLII):

In Cascadia Terminals v. Grain Workers’ Union, Local 333 (2004), 123 L.A.C. (4th) 403, management introduced a new time-keeping system (a biometric scan system). Again, the arbitrator found that there was nothing in the collective agreement that specified the manner in which the employer was to track hours of work. After making that determination, the arbitrator went on to consider the other issues, including whether the system proposed was a reasonable exercise of management rights.

Gerdau Ameristeel v. U.S.W., Local 8918, [2011] O.L.A.A. No. 405, is another case involving the employer’s introduction of a biometric scan system. Because there was nothing in the collective agreement that dealt with how the employer was to keep track of hours worked, the union’s arguments focused on whether the system was fair to employees or an invasion of their privacy.

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