On June 20, 2024, the arbitrator ruled in favor of our brother Michael Palmer, a Category 13 mechanic at YUL with 35 years of service, recognizing that his layoff was unjustified and discriminatory.
The arbitrator ordered the employer to pay Michael 14 months of lost wages, amounting to approximately $120,000, plus overtime hours he was unable to work, with interest at the legal rate. Additionally, he was granted a pension fund increase of about $500 per month, bringing the total compensation to approximately $150,000.
We commend the outstanding work of Serge Gélinas, District 140, and the Local Executive, who handled this case with rigor and determination.
A Long Battle for Justice
Michael Palmer’s story is one of perseverance against blatant injustice. In 2013, he suffered a workplace injury. Three years later, the CNESST declared him fit to return to his duties without restrictions.
Upon his return, he informed his manager that he could not drive a vehicle due to the side effects of his medication. The employer accommodated him for three years. However, in 2019, a new manager reassigned him to another position in an isolated and degrading environment, nicknamed “the cage” by workers.
When the COVID-19 pandemic hit in 2020, Michael was laid off as part of workforce reductions. Unlike other workers, however, he was never recalled when the technical layoff ended in June 2020. As a result, he was left without a salary for a full year until his forced reinstatement in June 2021.
The International Association of Machinists and Aerospace Workers (IAMAW) challenged this situation before the arbitrator, arguing that the employer had violated the collective agreement and the CNESST decision. The arbitrator ruled in Brother Palmer’s favor, determining that the employer had acted in a discriminatory manner due to his disability, a prohibited ground of discrimination under the Canadian Human Rights Act.
A Victory That Strengthens Our Collective Rights
This ruling is a significant victory for all workers. It reaffirms that workplace accommodations are not a privilege but a right. It also highlights the importance of union solidarity in fighting against unjust decisions and upholding our collective agreements.
Brother Michael Palmer can now turn the page on this difficult chapter, regain his dignity, and receive the fair compensation he deserves. This decision also sends a strong message to employers: we will not tolerate discrimination, and we will continue to stand up for the rights of all our members with determination.
The fight pays off, and this victory belongs to our entire local!
