Feb 2

Exploring Workplace Rights and Responsibilities: The Case of Greenfirst Forest Products Inc. vs. United Steelworkers Local 1-2010


In Greenfirst Forest Products Inc. v United Steelworkers Local 1-2010, 2023 CanLII 103261 (ON LA), presided over by Arbitrator Randy L. Levinson, we explore an intriguing workplace scenario involving the interpretation of collective bargaining agreements, the application of the “Work Now Grieve Later” rule, and the delicate balance between management’s authority and workers’ rights. This arbitration, revolves around a grievance filed by United Steelworkers Local 1-2010 regarding the suspension of three employees from Greenfirst Forest Products Inc.’s Cochrane Sawmill. The case offers valuable insights into labor relations, workplace dynamics, and the legal framework governing them.

Background of the Dispute

The dispute arose from an incident on October 22, 2021, involving the three employees, who were part of the maintenance team at the Cochrane Sawmill. The team typically worked a shift from 3:00 PM to 11:00 PM, with a long-standing practice of at least one millwright and one electrician working overtime until 12:30 AM on Saturdays to provide maintenance coverage. On the day in question, the three employees, who had personal plans for the following day, informed their supervisor that they would be leaving at the end of their scheduled shift at 11:00 PM, despite being ordered to stay until 12:30 AM. Their departure led to a three-day suspension, communicated in letters dated October 27, 2021, citing insubordination and unauthorized leave from work.

The Core Legal Issues

Application of the “Work Now Grieve Later” Rule: This principle is foundational in collective bargaining relationships, ensuring that workplace productivity and management’s authority are not undermined by immediate refusals to comply with work orders. However, this rule is subject to exceptions, particularly when orders are detrimental to health or safety or when the work is unlawful.
Mandatory Overtime vs. Voluntary Overtime: The case hinged on whether the additional 1.5 hours of work on Friday nights was mandatory or voluntary. The collective agreement stipulated that employees willing to work overtime should signify their availability weekly, suggesting a voluntary nature.

Management Rights and Employee Obligations: The case also touched upon the balance of power in a unionized environment, where management rights must be exercised in accordance with the collective agreement, and employees are expected to follow directives unless they fall under specific exceptions.

Arbitration Findings and Decision

Arbitrator Levinson’s analysis focused on the specific circumstances of the incident and the contractual and legal framework governing the employment relationship. He concluded that the “Work Now Grieve Later” rule applied to each employee on that day and that their actions constituted insubordination. However, he also found that the company did not prove the actions were coordinated to make a point regarding overtime, which was a significant basis for the imposed penalty.

As a result, the arbitrator deemed it just and reasonable to reduce the suspension from three days to one and a half days for each employee, allowing the grievances in part. He emphasized the importance of adhering to the collective agreement and the established practices in the workplace while also considering the individual circumstances of the employees.

Key Legal Takeaways

Importance of Collective Agreements: The case illustrates the crucial role collective agreements play in defining the terms and conditions of employment in unionized workplaces. Employers and employees must adhere to these agreements and understand their implications.

Balancing Management Authority and Employee Rights: Employers have the right to manage and direct the workforce, but this must be balanced with employees’ rights and obligations under the collective agreement and applicable laws.

Work Now Grieve Later Principle: While this rule is essential for maintaining order and productivity in the workplace, it is not absolute and must be applied considering health, safety, and legality.

Handling Workplace Grievances: The case highlights the importance of proper grievance handling procedures in resolving workplace disputes. Both employers and employees should engage in these processes to address concerns effectively.


The Greenfirst Forest Products Inc. vs. United Steelworkers Local 1-2010 case provides a comprehensive look into the dynamics of labor relations and the legal principles governing workplace disputes. It serves as a reminder of the importance of collective bargaining agreements, the delicate balance of power in the workplace, and the rights and responsibilities of both employers and employees.

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