Job deleted from contract remains bargaining unit work

Lafarge Canada hired loader operator at cement plant
|Canadian Labour Reporter|Last Updated: 06/03/2013

The union grieved when Lafarge Canada hired a loader operator (LOP) to work outside the bargaining unit at a cement plant. 

The LOP job had been removed from the collective agreement in an earlier round of bargaining. The union argued management was precluded from hiring outside the bargaining unit.

The employer took the view that when the LOP classification was removed from the collective agreement, it was also removed from the bargaining unit. In the circumstances, the employer said it had the unfettered right to assign non-bargaining unit work to a non-bargaining unit employee.