Bulletin
FortisBC-CSC – Grievance Resolved prior to Arbitration
May 31, 2021
To: All MoveUP members at FortisBC CSC
We are writing to let you know of our recent grievances that were resolved prior to our arbitration dates of June 2 & 3, 2021.
To give you some context, your union filed two grievances on behalf of two members who had applied for funeral leave as defined in Article 9.02 of the collective agreement when members of their immediate family had unfortunately passed away, which is defined in Article 9.01.
9.01 Bereavement leave of absence of up to five days, three days with pay and two days without pay, shall be granted an employee upon application in the event of a death of a spouse, son, daughter, step-child, mother, mother‑in‑law, father, father‑in‑law, sister, step-sister, sister‑in‑law, brother, step-brother, brother‑in‑law, or grandparents grandparent-in-law, grandchild, step-grandchild, or adopted child of the employee and for legitimate personal reasons acceptable to the Company.
9.02 Funeral Attendance
One (1) day shall be granted without loss of pay to attend a funeral as pallbearer or mourner provided such absence does not interfere with the efficiency of the department. Such leave shall not be unreasonably withheld.
The Parties interpret these two articles very differently. The company interprets and applies the language to be inclusive of each other, meaning that if a member of your immediate family passes away, you will not receive funeral leave with pay to attend that family members funeral, as it is included in the bereavement leave.
The union interprets the language to mean that a member is entitled to Article 9.01 and also an additional day to attend a funeral with pay regardless if they are in the definition of immediate family as seen in Article 9.01.
During the grievance process, the union issued an estoppel letter, which says to the company that we do not agree with the company’s interpretation and we will not rely on their interpretation until the outcome of the arbitration and/or bargaining.
The settlement that we reached, has our two members being compensated for the day that each attended the funeral of their immediate family member, and it allows the company to rely on its interpretation up until March 31, 2022. This means that when a member is wanting to attend a funeral of an individual who is seen in the definition of the immediate family in Article 9.01, it will be a day without pay.
As of April 1, 2022, the union’s interpretation will be in effect, this will then provide a member with the entitlement to attend the funeral of a member in their immediate family with a days’ pay.
If you have any questions or concerns, please reach out to your job steward.
In solidarity,
Cindy A. Lee
Union Representative