Postings/Rescinding of Positions – Arbitration Decision

Dear Members:

Re:  Postings/Rescinding of Positions – Arbitration Decision

As you may be aware, on October 5, 2020 the Employer made a unilateral decision to no longer permit members to rescind acceptance of a new position or decline a new position prior to reporting.

The Union disagreed with the Employer and subsequently advanced a policy grievance on the matter to arbitration, which was heard by Arbitrator Somjen on March 23, 24 and 31, 2021.

Arbitrator Somjen upheld the Union’s grievance. The Arbitrator found the ability to rescind prior to taking a new position is a reasonable “privilege” and a “concession” that has been enjoyed by Employees for many years. It is, therefore, an “acquired right” pursuant to Article 30.01 of the Collective Agreement. That right can be negotiated in collective bargaining but cannot be unilaterally altered.

All members should review Arbitrator Somjen’s decision found here. If after reviewing the Decision you feel you were negatively impacted by the Employer’s actions, please contact the undersigned to discuss your specific impacts.

Regards, 

Jason Jackson
Provincial Vice President
Ambulance Paramedics of BC
CUPE 873

Please click HERE to view a pdf version of this message 

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