Safety & HCM Post

Using Non-Union Contractor to Prepare Food Offsite ≠ Contract Violation

The operator of a camp housing and feeding oil sands workers closed down the kitchen facilities and subcontracted with an outside company to prepare the sandwiches and salads previously made in the kitchen offsite. The union contended that the arrangement and consequential layoff of union kitchen workers violated the collective agreement ban on subcontracting work done at the site to a non-union contractor. But the arbitrator dismissed the grievance, citing other cases drawing a distinction between “contracting out,” i.e., farming out work done by union workers to a contractor to be done offsite, and “contracting in,” i.e., bringing in a new contractor to do work done by union workers at the site. The arrangement in this case was “contracting out” since the work was done offsite and didn’t violate the collective agreement ban which covered contracting in [Atco Structures & Logistics Ltd. v Unite Here Local 47, 2019 CanLII 5455 (AB GAA), Jan. 26, 2019].

Bongarde Editorial

Bongarde Editorial

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