Arbitration Decision Confirms That Seniority Rights Are Contractual, Not Inherent

A recent arbitration award confirms that seniority 'rights' are not inherent, but rather must be found in a collective agreement in order to be enforceable, will be of interest to all employers who operate unionized workplaces.

Background

CIPA Lumber Co. Ltd. v. USW, Local 2009 (Michael Lang Mill Utility Seniority Grievance), January 5, 2021 concerned the assignment of relief tasks to mill utility workers ("MUW") working at the Employer's mill on Annacis Island, in Delta, B.C.

The key background facts can be summarized as follows:

• MUWs are assigned to relieve production employees at various workstations when they go on breaks, which allows plant production to continue seamlessly;