Arbitration Victory

National Day for Truth and Reconciliation to be recognized at Loblaw Companies

UFCW Members at Loblaw Companies banners and locations in Ontario won an arbitration decision that will see affected workers, with relevant collective agreement language, compensated for the September 30 th holiday.

After the federal government passed legislation to create a federal statutory holiday on September 30, known as the National Day for Truth and Reconciliation, Loblaw Companies announced to the Union that it would not recognize the day as a paid holiday.

UFCW Local 175 and other affected Locals across the province were quick to call out Loblaw Companies for the poor decision and for failing to abide by collective agreement language.

Your Local Union represents tens of thousands of unionized workers at Loblaw Companies Limited banners and locations which have collective agreement language for the automatic recognition of any declared holidays by either the federal or provincial governments as paid holidays.

Our Members felt strongly that the decision made by Loblaw wasn’t right,” said President Haggerty. “Not only was it morally wrong and an incredibly disappointing move by a major Canadian retailer, but it was also a clear violation of a collective agreement that was negotiated in good faith. The language in the agreements is clear.

Along with other UFCW Local Unions, Locals 175 & 633 utilized the grievance and arbitration procedure of the collective agreement and referred a series of grievances on the matter to arbitration.

The first UFCW grievance to complete the process resulted in a decision from Arbitrator Norm Jesin on October 26. The decision was a complete victory for the Union. Arbitrator Jesin determined that the employer should have recognized the National Day for Truth and Reconciliation due to the Union’s collective agreement and ordered Loblaw Companies to compensate all affected employees.

Following this decision, Loblaw Companies agreed to the same terms for other workplaces across UFCW Local Unions in Ontario with similar language in the collective agreement.

“This is a victory for workers and Indigenous communities,” said President Haggerty. “As a national employer, Loblaw Companies should have done the right thing from the start. Thanks to the power of the Union, we have been able to right that wrong. Our members deserve the time to reflect on the legacy of Residential Schools and Truth and Reconciliation in their own way.”

Your Union continues to use the grievance and arbitration process to challenge other employers, such as Rexall, who have also violated language under the respective agreements by failing to recognize the National Day for Truth and Reconciliation.

QUESTIONS?

Speak to your Union Representative to ensure you get the right answers for YOUR collective agreement. Visit ufcw175.com/contact.

What is the National Day for Truth and Reconciliation?

On June 3, 2021, the Canadian government passed legislation that created a new annual public holiday on September 30 under the Canada Labour Code.

The National Day for Truth and Reconciliation was one of the Calls to Action put forth by the Truth and Reconciliation Committee of Canada in 2015.

This day of commemoration is intended to honour survivors of the Residential School system and their families and communities, and to commemorate the history of how this country has treated Indigenous Peoples.

The ‘Truth and Reconciliation Committee of Canada: Calls to Action’ report contained 94 recommendations to advance reconciliation. Find a copy of the report and many other resources to learn about the history of Residential Schools, what reconciliation means, and more, at the National Centre for Truth and Reconciliation at the University of Manitoba.

Visit them online at nctr.ca.