ASPA is pleased to report that in a recent grievance filed with the employer and subsequent arbitration, our interpretation argument respecting accrual of service during unpaid leave of absences was completely upheld.
We managed to get over our biggest hurdle, and that was the reference to this in §20.7.7 of the Collective Agreement. The arbitrator accepted our argument that §20.7.7, dealing as it does with BOTH paid and unpaid leaves, made that a “hybrid” provision where a repeating of the rule was required – but that express reference was not meant to exclude the rule elsewhere.
However, as expected given the evidence, the arbitrator has ruled that ASPA is estopped from enforcing this interpretation for the duration of the current collective agreement. With respect, this is in fact the correct decision. This is, of course, the textbook definition of estoppel. As we knew this was coming, we respect the decision of the arbitrator as we hoped our members received full redress.