An arbitrator has dismissed a grievance by the International Brotherhood of Electrical Workers, Local 956, which alleged that Domtar violated minimum staffing provisions of its collective agreement after idling a pulp and paper mill in Espanola, Ont.
The ruling found that the agreement did not contain a minimum staffing requirement mandating two electricians on every shift.
The dispute arose after Domtar, facing financial difficulties and requiring significant capital investment, idled its operations, leading to layoffs affecting 95% of the workforce. The union argued that Article 38 of the collective agreement required a minimum of two first-class electricians on-site at all times and that the employer had failed to adhere to this provision.
The employer countered that Article 38 was not a true minimum staffing clause but part of a broader trades flexibility model.
Tribunal’s findings
The arbitrator determined that Article 38 must be interpreted in the context of a fully operational mill, where multiple trades were on-site, rather than an idled facility with significantly reduced staffing needs. “Article 38 is not a minimum staffing provision,” the ruling stated, noting that it functioned as part of a flexible work arrangement rather than a strict scheduling requirement.
Additionally, the tribunal found no violation of Article 28, which requires two journeymen electricians or one journeyman and a fourth-year apprentice when working on live voltages of 550 or more. The arbitrator noted that no evidence was presented demonstrating that electricians were required to perform live work in violation of the agreement or applicable safety regulations.
OHSA and company policy considerations
The union contended that Ontario’s Occupational Health and Safety Act (OHSA) required the presence of two electricians on shift due to the hazardous nature of electrical work. However, the ruling found that OHSA Regulation 851 only mandates the presence of a “competent person” who can see the worker performing the task when working on live or exposed parts above 300V. The arbitrator emphasized that this requirement does not necessitate that the competent person be an electrician, and that non-electricians with relevant training, such as the employer’s electrical technologist and superintendent, could fulfill this role.
Company policies, including the Powerhouse After Hours Working Alone Standard Operating Procedure (Powerhouse SOP), were also considered. The SOP prohibits working alone on medium voltage equipment and other specified tasks, aligning with industry safety standards but not requiring two electricians on each shift.
Key considerations in decision
The arbitrator referenced relevant case law emphasizing that true minimum staffing provisions must be “expressed in clear and unequivocal language.” The ruling cited prior arbitration decisions where provisions related to staffing in operational environments were deemed inapplicable to idled facilities with significantly reduced work demands.
Additionally, the ruling addressed the union’s argument that the employer had an opportunity to amend the agreement during negotiations of the Idling Agreement but failed to do so. While the Idling Agreement explicitly stated that it did not alter existing collective agreement rights, the arbitrator found that this did not affirmatively establish a minimum staffing requirement.
Ultimately, the arbitrator ruled in favour of Domtar, concluding that the grievance failed to establish a violation of the collective agreement, OHSA regulations, or employer policies. “The grievance must be dismissed,” the decision stated.
For more information, see Domtar Inc. v International Brotherhood of Electrical Workers, Local 956, 2025 CanLII 19354 (ON LA).
