Adam Beatty

The union sought to consolidate a ninth grievance with eight previously consolidated grievances alleging a pattern of workplace harassment, bullying, discrimination, and denial of union representation by the employer.

The employer opposed the consolidation, arguing the ninth grievance involved different managers, a different timeframe, and a distinct issue regarding the use of Compensating Time Off (CTO).

The arbitrator granted the union's request, finding that the ninth grievance shared sufficient factual and legal overlap with the other grievances, as all alleged a broader pattern of employer misconduct.

The arbitrator concluded that consolidating the grievances would avoid the inefficiency of a third parallel proceeding.

The Union sought production of a 'Workplace Culture Review' document in relation to grievances alleging a toxic workplace, harassment, and bullying.

The Employer opposed production, arguing the document was not arguably relevant and its disclosure could be detrimental to workplace culture.

The Arbitrator found the document arguably relevant as it flowed from and addressed the issues raised in the grievances.

To mitigate potential harm to the workplace and preserve settlement opportunities, the Arbitrator ordered the document produced only to Union counsel and the assigned Grievance Officer, subject to the implied undertaking rule.

The parties requested a procedural order to consolidate several grievances and establish a schedule for the production of particulars and future hearings.

The Arbitrator issued a consent order consolidating three grievances, setting a deadline for the union to provide detailed particulars, and scheduling future dates to address unreferred grievances and preliminary issues.