Submitting at step 3  April 3, 2020  Ms. Megan Bufton, Manager, Human Resources and Corporate Communications Dominion Diamond Mines (Ekati ULC)

  Via Email:

  Dear Ms. Bufton,  RE: Grievance #20-P-DDM-02622 � (Layoff and Suspension of Operations)  Union of Northern Workers hereby files this Final Level grievance on behalf of Dominion Diamond Mines Bargaining Unit members under the authority of Article 13 of the Collective Agreement, any other related Articles of the Collective Agreement, pertinent Legislation, and/or Regulations, Policies and past practices.    The Union alleges that the Employer is in violation of Articles 1,2,5,12,13,24,25,37 and Appendix A of the Collective Agreement.  The Union contends that the employer is not applying proper lay off provisions contained under Article 25of the collective agreement after a reduction in the workforce was announced by DDM as a result of the COVID-19 health crisis and pandemic.  On or about March 19 th, 2020 bargaining unit members working at DDM became aware through a memo addressed to them that it was determined that �due to the unprecedented health and safety issues caused by COVID-19 the company could not at the present time continue to operate the Ekati Diamond Mine at regular staffing levels. As a result, DDM made a decision that it deemed necessary to temporally suspend mining operations and proceeding with a skeleton crew to maintain the power plant, sewage, treatment plant and other critical infrastructure to safeguard the environment and ensure that mine operations can resume as soon as possible once safe to do so.� The Employer went on to say that �it did not consider this a layoff in accordance with the C.A., as the C.A. was not intended to apply to these unprecedented situations of a global pandemic as it does not contemplate the situation in the C.A.� Therefore, the Employer has taken the position that it is outside the terms and conditions of the C.A. They also argued that this was �not discretionary but mandatory for the health and safety of the workforce.�    The Union believes that this temporary suspension in operations and care maintenance with just a skeleton crew does fit the definition of Layoff described in Article 25.01 of the Collective Agreement which is to say that there is a reduction in the size of the workforce. The Union also believes that DDM�s decision to suspend operations being mandatory is irrelevant in applying the C.A.  The Union further contends that the employer is not applying the proper recall qualifiers in deploying employees to care maintenance during the suspension of operations to ensure the safe, productive and profitability of the mine and therefore in conflict with Article 25.02 of the Collective Agreement as well is not in compliance with the obligations made by the Employer pursuant to Socio-Economic Agreements and Impact Benefits Agreements DDS has with First Nations groups.  The Union holds the position that the Employer is not following the proper recall order and qualifiers when a layoff is deemed necessary. The UNW Service Department has become aware through complaints from its membership that the employer is not respecting the qualifiers contained under Article 25.03 for recall. For example, the employer is not using length of service as its primary factor in maintaining and recalling its workforce. Complaints from bargaining unit members have indicated that the maintenance crew during the four-month shutdown have not been awarded to members who have seniority rights and are covered by SEA and IBA�s, many of whom have extensive experience in camp maintenance. The Union would like to take this opportunity to remind DDM Ekati ULC that pursuant to Article 25.03 (c) the employer agreed to use seniority as the factor holding the most weight in the determination of recall. As well, as per Article 25.03(d) �notwithstanding the above, the need to maintain the ratios of Northerners and Aboriginal employees mandated by the Agreements referred to above will take precedence over any other factors� listed in the CA. This has clearly not been followed. The Union is willing to provide more particulars as well as examples if the employers representatives wish to discuss this.     Lastly, because the Employer is not properly recognizing this reduction in the workforce as a Layoff, bargaining unit members are being denied severance payments should they opt for permanent layoff as outlined in the pay grid contained under Article 25.05 .     The Union specifically asserts that other issues may present and it places the Employer on notice that as the union becomes aware of such it shall put the Employer on notice, either through the process of this grievance up to the point of referral to arbitration or through the filing of a further grievance. The Union maintains that where those other issues are so determined the union does not regard itself restricted.  To discuss this, please contact me.   

   Sincerely,        Shane PikeService Officer North Great Salve and Kimberlite Region Union of Northern Workers Suite 400, 4910 53 rd StreetYellowknife, NT X1A 1V2Tel: 867.873.5668. ext. 226 Email: pikes@unw.ca    Cc: UNW Grievance Files UNW Local X3050 Barb Kardash Anne Marie Thistle Malinda Kellett

 

GRIEVANCE FORM / FORMULAIRE DE GRIEFCase #: 20-P-DDM-02622 Employer Case #:   Date of Issue:  04-01-2020

Filed By: Shane F Pike Filed For: 

Employer: Dominion Diamond Ekati ULC Location: 

Email to Director/Supervisor:   Phone #: 

Sup. Email: 

Nature of Grievance:  Job Security

Alleged Article(s) ViolatedRefer To: Appendix A - � Salaries Sub.:Refer To: Article 12 - Sub.:Refer To: Article 1 - - Purpose of Agreement Sub.:Refer To: Article 2 - - Interpretation and Definitions Sub.:Refer To: Article 5 - - Non-discrimination and Harassment Non-discrimination Sub.:Refer To: Article 12 - - Joint Union Management Committee Sub.:Refer To: Article 13 - - Grievance and Arbitration Procedure Sub.:Refer To: Article 24 - - Seniority Sub.:Refer To: Article 25 - - Severance, Layoff and Recall Sub.:Refer To: Article 37 - - Employment Equity Sub.:..., though not exclusive of other articles that will apply to the facts as determined.

I/We the under signed claim that: Je/Nous soussigne(e)(s) affirmme(ons) que:

The Union of Northern Workers hereby files this Final Level grievance on behalf of Dominion Diamond Bargaining Unit members under the authority of Article 13 of the Collective Agreement, any other related Articles of the Collective Agreement, pertinent Legislation, and/or Regulations, Policies and past practices.

Therefore I/We request that: Je/Nous demande(ons) que:

1. A declaration that the Employer has misinterpreted, misapplied, and/or violated the Collective Agreement.

2. To be made whole in all respects without restriction, including being awarded interest on monies owing or made part of redress, and further to be awarded monetary damages.

3. Any other remedy that is deemed just to address the concerns that present and as are disclosed through the evidence the Union will adduce up to the point of referral to arbitration.

4. That the employer make employees whole in terms of compensation, including but not limited to any loss of wages (inclusive of overtime, where applicable), benefits, pay increments premiums or any other items deemed just and appropriate under the circumstances, and that compensation be made with the addition of interest, compounded daily and calculated at prime plus 2%.

5. That the Employer seek no retaliation or other action against bargaining unit employees for the Union having exercised its right to grieve this matter on their behalf.

5. That the Employer seek no retaliation or other action against bargaining unit employees for the Union having exercised its right to grieve this matter on their behalf.

6. That the grievor be paid for all hours under dispute, including retroactivity compensation.

7. That the employer properly recognize the definition of layoff under the collective agreement and apply the proper lay off and recall provision contained under Article 25.

8. That the employer cease violating employment equity, scoio - economic and Impact Benefit Agreements pursuant to Article 25. 02 and 25.03 (a) (b) (c) and (d).

9. That the employer provide each affected employee with proper lay off notice pursuant to article 25 of the collective agreement and issue a Record of Employment.

10. That the employer compensate members for any loss wages, general, aggravated damages and out of pocket expenses incurred as a result of this alleged violation. (up to $10,000.00 or a sum deemed fair and equitable by an arbitrator).   

Details

The Union alleges that the Employer is in violation of Article 25 of the Collective Agreement.

The Union contends that the employer is not applying proper lay off provisions contained under Article 25 of the collective agreement after a reduction in workforce was announced by DDM as a result of the COVID-19 pandemic.

'The Union specifically asserts that other issues may present and it places the Employer on notice that as the union becomes aware of such it shall put the Employer on notice, either through the process of this grievance up to the point of referral to arbitration or through the filing of a further grievance. The Union maintains that where those other issues are so determined the union does not regard itself restricted.

Step 1 For Employer : Date Due: 04-24-2020 Step Skipped

    Reply     Date: 04-03-2020    Skip to Next Step Action:

Step 2 For Employer : Date Due: 5-15-2020 Step Skipped

    Reply     Date: 04-03-2020    Skip to Next Step Action:

Step 3 For Employer : Date Due: 04-24-2020 (21 Days Left)

Step 4 For Employer : Date Due: 5-15-2020 (42 Days Left)

Complaint Discussed with Director/Supervisor (see above): No/Non 

Complaint Date 04-01-2020 

Signature(s) Grievor(s) Date: M_____-D_____-Y_____

Signature Union Representative Date: M_____-D_____-Y_____THE UNION RESERVES THE RIGHT TO UTILIZE ANY APPLICABLE ARTICLE OF THE CURRENT COLLECTIVE

AGREEMENT