Barry Stephens

The union filed grievances alleging that the grievor was improperly bypassed for two 12-hour shifts.

The employer argued that the shifts were assigned to unclassified employees who had not yet attained forty hours in the respective weeks, and that such assignments were not governed by the collective agreement or the HPRO protocol.

The arbitrator, applying an Expedited Mediation-Arbitration Protocol, dismissed the grievances.

The union filed a grievance alleging that the grievor's roll-over to permanent status should be backdated due to the employer's failure to properly staff the jail and a violation of the RPM agreement.

The employer argued that the collective agreement did not require specific staffing on specific shifts and that staffing was consistent with a prior agreement with the Ministry of Labour and the OLRB.

Following an expedited mediation-arbitration protocol, the Vice-Chair dismissed the grievance.

The union filed a grievance relating to an overtime claim.

The employer raised a preliminary objection regarding the timeliness of the grievance, noting that the alleged violation occurred on July 13, 2008, but the grievance was not filed until February 12, 2009.

Following an expedited mediation-arbitration protocol, the Vice-Chair upheld the employer's preliminary objection and dismissed the grievance.

The union filed a grievance alleging that the employer improperly delayed the grievor's entry into the CET program, which caused the grievor to needlessly cancel university classes and lose paid tuition.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

After reviewing the submissions and the collective agreement, the Vice-Chair dismissed the grievance.

The union filed a grievance objecting to the employer's practices regarding the hiring of retired correctional officers.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

The Vice-Chair reviewed the submissions and the collective agreement, concluding that there was no breach of the collective agreement.

The grievance was dismissed.

The union filed grievances alleging that the employer's use of a male CET officer during an activation, contrary to its stated policy, caused harm to male employees who had previously been prevented from joining the CET team, and sought human rights damages.

The employer argued that the action was justified by the possibility of imminent harm to an inmate or others, characterizing it as an aberration due to emergency circumstances while affirming its ongoing commitment to the policy.

The Vice-Chair dismissed the grievances.

The union filed grievances claiming lost overtime opportunities.

The matter proceeded via an Expedited Mediation-Arbitration Protocol.

The Vice-Chair reviewed the submissions and the collective agreement, concluded there was no violation of the collective agreement, and dismissed the grievances.

The union filed a grievance alleging that the grievor was improperly denied a job posting under the local parties' Day Jobs Protocol.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

After reviewing the submissions and the collective agreement, the Vice-Chair dismissed the grievance.

The union filed grievances regarding the system for the allocation of post assignments.

Pursuant to an Expedited Mediation-Arbitration Protocol, the parties provided submissions to the Vice-Chair.

The Vice-Chair directed that the matter be referred to the Local Employee Relations Committee (LERC) for discussion, after which the grievances would be deemed resolved.

The union filed a grievance claiming overtime for work performed on Labour Day.

The employer argued there was no collective agreement requirement regarding the distribution of premium holiday work.

Following an expedited mediation-arbitration protocol, the Vice-Chair reviewed the submissions and the collective agreement, and dismissed the grievance.

The union filed a grievance claiming the grievor was improperly denied a four-hour overtime shift on August 31, 2009, which was given to another employee.

The employer argued that shifts of four hours or less were exempted from the HPRO protocol.

Following an expedited mediation-arbitration process, the Vice-Chair dismissed the grievance, finding no violation of the collective agreement.

The union filed a grievance claiming overtime for a four-hour shift on September 8, 2009.

The employer argued that shifts of four hours or less are exempted from the HPRO protocol.

Following an expedited mediation-arbitration protocol, the Vice-Chair reviewed the submissions and the collective agreement, and dismissed the grievance.

The union filed a grievance claiming overtime pay for work performed on a statutory holiday.

The employer argued that there is no requirement in the collective agreement regarding the distribution of holiday premium pay work.

Following an expedited mediation-arbitration protocol, the Vice-Chair dismissed the grievance based on a review of the parties' submissions and the collective agreement.

The union filed a grievance claiming premium pay for the grievor to work on Victoria Day.

The employer argued there was no collective agreement requirement regarding the distribution of premium holiday work.

The Vice-Chair, acting under an Expedited Mediation-Arbitration Protocol, reviewed the submissions and the collective agreement, and dismissed the grievance.

The union filed a grievance claiming overtime for the grievor on April 9, 2009.

The employer argued that the post in question was not filled and there was no requirement to fill it or create an overtime opportunity.

Following an expedited mediation-arbitration protocol, the Vice-Chair dismissed the grievance, finding no obligation on the employer to fill the post.

The union filed a grievance claiming an overtime extension for a shift on November 25, 2008.

The matter proceeded via an Expedited Mediation-Arbitration Protocol.

The employer provided evidence that the shift in question was not staffed.

The arbitrator reviewed the submissions and the collective agreement, and dismissed the grievance.

The union filed a grievance claiming an overtime extension for the grievor on April 5, 2009.

The employer argued that the shift was covered by a full shift and there was no requirement to create a partial shift or shift extension to provide an overtime opportunity.

Following an expedited mediation-arbitration protocol, the Vice-Chair dismissed the grievance.

The union filed a grievance alleging that the grievor should have been called in to work overtime when a maintenance manager stayed after regular hours to perform work normally done by the bargaining unit.

The employer argued the manager performed the work as a training opportunity under a contractor's guidance.

The Vice-Chair dismissed the grievance following an expedited mediation-arbitration protocol.

The union filed a grievance alleging the employer failed to assist the grievor when she faced improper workplace treatment regarding the division of duties between RNs and RPNs, resulting in stress and sick leave.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

The Vice-Chair determined that the issues involved complex questions of credibility, conflict of evidence, and motivation that could not be adequately resolved through the expedited process.

The matter was referred to Joint File Review for a full hearing where witnesses could testify and be cross-examined.

The union filed a grievance claiming overtime for the movement of laundry, alleging it was a duty normally performed by warehouse clerks.

The employer argued that no employees were hired on overtime to perform the work and that moving laundry was not the exclusive duty of warehouse clerks.

The Vice-Chair, acting under an Expedited Mediation-Arbitration Protocol, dismissed the grievance.