Braya Renewable Fuels (Newfoundland) LP v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 9316

Key Issue:

Braya Renewable Fuels sought judicial review of an arbitration award regarding whether a work shift, following a snowstorm, should be classified as scheduled overtime or a new work schedule (triggering different pay rates under the collective agreement).

Background:

• A snowstorm led to the cancellation of a scheduled shift on Friday, February 4, 2022. Employees were required to work on Sunday, February 6, 2022.
• Union's Position: The Sunday shift was a new work schedule, thus requiring a shift change premium.
• Employer's Position: The Sunday shift was scheduled overtime.

Arbitration Outcome:

• The arbitrator ruled that the Sunday shift constituted a new work schedule for regular employees, entitling them to a premium rate.

Court’s Decision:

• The court found a breach of procedural fairness, as the arbitrator made a key decision (overtime for the first shift of the week) without hearing arguments from either party.

• The case was remitted back to the arbitrator for reconsideration with proper submissions from both sides.
• No monetary award specified.