During a recent slowdown in the global lumber market, BigTree Sawmill decided to shut down core operations for six weeks to save money. It informed the union of its plans and provided a list of “machine service” jobs that would continue during the shutdown to provide necessary repair and maintenance to the mill. A number of employees applied to work these positions. Nathaniel, who has worked at the mill for 17 years, was turned down. Nathaniel had previously worked in a similar “machine service” position, but that was several years before BigTree had switched from using Acme machines to its more sophisticated and efficient Plan B equipment. The two employees hired for the positions have each worked at the mill for 11 years. During that time they have both worked on the newer Plan B gear, which required a few days of special training. The collective agreement includes a clause that reads, “BigTree Sawmill recognizes
the principle of seniority, competency considered.” Nathaniel wants to grieve the decision not to hire him for the temporary service position. Describe the argument that Nathaniel should make. How should BigTree Sawmill respond? Who do you think the arbitrator will agree with and on what basis?