Vince Readys Decision (as recieved)

IN THE MATTER OF AN ARBITRATION

B.C. TERMINAL ELEVATORS OPERATORS ASSOCIATION
(the "Employer")

AND:

GRAIN WORKERS’ UNION LOCAL 333

(the "Union")

(Severance Packages)

ARBITRATOR: Vincent L. Ready

COUNSEL: Eric Harris. Q.C. for the Employer

Ron Burton for the Union

WRITTEN SUBMISSIONS:

April 16 and l7th 2003
Published
April 30, 2003

This decision concerns the distribution of the special severance provisions which. I awarded in an Interest Arbitration Award dated January &, 2003 which resulted in the renewal of the parties’ Collective Agreement following a four month lockout.

An integral feature of the award was the provision which established a $1.8 million early retirement special severance fund (the "fund"). The distribution of the fund was referred back to the parties for resolution.

The parties have been unable to agree on either the appropriate distribution of the fund or on what to do with any unused portion of the fund.

On April 1, 2O03 I issued an interim order dealing with any unused monies. That order included the following:
In light of this award and the anomalous situations at JRI and SWP, the parties may wish to work out a different payment formula either by enhancing the severance payments or the early retirement provisions or, for that matter, agreeing to a different payment structure at these two elevators. I leave that to the parties. However, if they cannot resolve the matter within 7 days of the date of this award, each party may submit its respective proposal to me. I will render a decision within 72 hours after receipt of such submissions.

(at 6)

The issues that are identified in that portion of the April 1, 2003 award give rise to this decision.

It is the submission of the Employer for all the. reasons stated in its submission of April 16, 20O3, that there are no anomalous circumstances which should justify different treatment between employees or between members of the Association.

On the other hand, the Union is now proposing a different payment formula be paid to employees at James Richardson Industries (JIRJ) arid Saskatchewan Wheat Pool (SWP). That is not surprising in light of my award dated April 1, 2003 wherein I ruled that any unused portion of the fund remained with the Employer, and my finding regarding JRI and SWP.

DECISION

I have considered the submissions of the parties and I award the following:

Special Severance for Agricore United, Pacific
Elevators Limited and Cascadia Terminals

Employees aged 53-60 will receive $3O, 000.OO if their age and years of continuous service add up to 85 or more.

it will be given in order of the highest number of continuous service plus age. If there is a tie, seniority will be the deciding factor.

2. Employees who do nor meet the service requirements under clause 1 will be eligible to receive the following payments:

Age 59, 60 and 61 $15,000.00
Age 62 $7,500.O0
Age 63 $5,000.00
Age 64 $l, 500.00

3. Any remaining monies will be made available for those employees who wish to accept severance payment under the following formula:

Employees starting with 15 years of seniority shall be offered $1,000.00 per year of service. It will be offered from the most senior employee to the most junior employee.

Special Severance for Saskatchewan Wheat Pool

Employees aged. 53-60 will receive $50,000.00 if their age and. years of continuous service add up to 85 or more.

It will be given in order of the highest number of continuous service and age. If there is a tie, seniority will decide.

2. Employees who do not meet the service requirement under clause 1 will be eligible to receive the following payments:

Age 59, 60 and 61 will receive $30,000.00.

Age 62 will receive $15,000.00.

Age 63 will receive $10,000.00.

Age 64 will receive $5,000.00.

3. The monies will then be offered to employees starting at 15 years of continuous service. These employees will be offered severance pay at $2,000.00 per year of service. This will start at 15 years of service and work down through the seniority list to the most junior employee.

Special Severance for James Richardson International

1.Employees aged 53-62 will receive $45,000.00 if their age and years of continuous service add up to 75 or more.

2. Employees who do not meet the service requirement under clause 1. will be eligible to receive the following payments:

Age 59, 60 and 61 will receive $30,O00.00.

Age 62 will, receive $15,000.00.

Age 63 will receive $ 10,000.00.

Age 64 will receive $5,000.00.

3. The monies will then be offered to employees starting at 15 years of continuous service, These employees will be offered $2,0O0.00 per year of service severance pay. This will be offered by seniority starting at 15 years of continuous service and working down the seniority list to the most junior.

The parties are directed to amend their Memorandum of Agreement re Special Severance Plan accordingly.

It is so awarded,

Dated at the City of Vancouver in the Province of British Columbia this 30th day of April, 2003.

Vincent L. Ready