Our Toronto office advised Hydro One on grievances filed against them by the Power Workers’ Union. The Power Workers’ Union claimed that a technological change, involving an upgrade to Hydro One’s purchasing system, was a “purchased service” requiring Hydro One to confer with the union, and ultimately subject itself to the discretion of an arbitrator. Hydro one disputed this, arguing that the “purchased service agreement” provisions of the collective agreement apply to contracting out, not technological change. The parties recently appeared before an arbitrator for a first day of hearing.
On August 8, 2018 the union withdrew the grievance.
The case was significant because it represented an attempt by a union to convince an arbitrator to imply a technological change restriction when none explicitly existed in the collective agreement. The union has since withdrawn the grievance.
The team included Richard Charney, and Rebecca Liu.