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Re Int\u27l Ass\u27n of Machinists and Gabriel of Canada Ltd

Employee Grievance alleging improper demotion. Only the portions of the award dealing with a preliminary objection are published. Preliminary objection: On a preliminary objection Mr. Williamson argued that there was no basis under the collective agreement upon which this board of arbitration could interfere with the company\u27s decision to demote the grievor for lack of skill and ability. Article 3, it was argued, puts the matter entirely in the hands of the company

Re Corporation of the City of Toronto and Canadian Union of Public Employees, Local 79

Preliminary Issue relating to arbitrability of judicial inquiry report. Report admissible. Employee grievances alleging discriminatory demotion and discharge without reasonable cause contrary to art. 2.01 of the collective agreement between the parties in force from January 1, 1977 until December 31, 1977. Grievor seeks reinstatement to his former position without loss of salary, seniority or benefits and to have the alleged incident stricken from his record

Re Corporation of the City of Toronto and Canadian Union of Public Employees, Local 79

Employee Grievance alleging unjust discharge. On October 13, 1977, the grievor, Brian Risdon, was demoted from the position of chief plumbing inspector for the City of Toronto, which he had held since January 23, 1970, to plumbing inspector. On October 14, 1977, he was discharged. The evidence is that prior to the events which gave rise to this demotion and then discharge the grievor had never been disciplined, or even criticized by his superiors in the department of buildings of the City of Toronto, for the way he did his job

Re Corporation of the City of Toronto and Canadian Union of Public Employees, Local 79

Supplementary Award relating to remedies for unjust discharge. Reinstatement ordered

Re Corporation of the City of Toronto and Canadian Union of Public Employees, Local 79

Preliminary motion relating to admissibility of evidence. On October 13, and 14, 1977, Brian Risdon filed grievances un­der the collective agreement between the parties. In the first he alleged that he had been discriminatorily demoted and sought re­instatement to his former position without loss of salary, senior­ity or benefits. In the second he alleged that he had been dismissed without reasonable cause and disciplined twice for the same alleged conduct and sought reinstatement without loss of benefits, wages or seniority and to have the alleged incident stricken from his record. Both grievances were finally denied by letters of January 30, 1978, signed by R. S. W. Rae, director of la­bour relations for the city

Re Ass\u27n of Radio & Television Employees and Canadian Broadcasting Corp

Employee Grievance alleging unjust discharge. Award (in part) It is widely accepted by labour arbitration boards in Ontario that the onus of proving just cause is on the company in dismissal cases, where the collective agreement contains the usual provision and there is no practice to the contrary clearly established between the parties. See for example Re Int\u27l Ass\u27n of Machinists, Local 749, and Timken Roller Bearing Co. (1952), 4 L.A.C. 1262 (E.W. Cross, C.C.J., chairman); Re United Brewery Workers and Dow Kingsbeer Brewery Ltd. (1958), 8 L.A.C.198 (B. Laskin, chairman), and Re U.E.W., Local 504, and Canadian Westinghouse Co. Ltd. (1966), 17 L.A.C. 427 (E.E. Palmer, chairman). The last of these cases is a discipline case in which Professor Palmer decided that the rule in discharge cases, which puts the onus on the company, should be extended, and cites the decisions of other arbitrators agreeing with him. It is unnecessary for us to deal with this point, but the awards cited by Professor Palmer establish beyond doubt that the normal rule in Ontario is for the company to bear the onus of proving just cause in discharge cases

Structural characteristics of positionally-disordered lattices: relation to the first sharp diffraction peak in glasses

Positional disorder has been introduced into the atomic structure of certain crystalline lattices, and the orientationally-averaged structure factor S(k) and pair-correlation function g(r) of these disordered lattices have been studied. Analytical expressions for S(k) and g(r) for Gaussian positional disorder in 2D and 3D are confirmed with precise numerical simulations. These analytic results also have a bearing on the unsolved Gauss circle problem in mathematics. As the positional disorder increases, high-k peaks in S(k) are destroyed first, eventually leaving a single peak, that with the lowest-k value. The pair-correlation function for lattices with such high levels of positional disorder exhibits damped oscillations, with a period equal to the separation between the furthest-separated (lowest-k) lattice planes. The last surviving peak in S(k) is, for example for silicon and silica, at a wavevector nearly identical to that of the experimentally-observed first sharp diffraction peak (FSDP) in the amorphous phases of those materials. Thus, for these amorphous materials at least, the FSDP can be regarded as arising from scattering from atomic configurations equivalent to the single family of positionally-disordered local Bragg planes having the furthest separation.Comment: v2: changes in response to referees' comments: Figure 2 made more readable, improved discussion of height of peaks in S(k), other minor changes 4 pages, 3 figures, submitted to Physical Review

Transient Thermal Model and Analysis of the Lunar Surface and Regolith for Cryogenic Fluid Storage

A transient thermal model of the lunar surface and regolith was developed along with analytical techniques which will be used to evaluate the storage of cryogenic fluids at equatorial and polar landing sites. The model can provide lunar surface and subsurface temperatures as a function of latitude and time throughout the lunar cycle and season. It also accounts for the presence of or lack of the undisturbed fluff layer on the lunar surface. The model was validated with Apollo 15 and Clementine data and shows good agreement with other analytical models