Barry Stephens

The grievor was scheduled for an overtime shift but was delayed at a medical clinic.

He called his supervisor to advise he would be late.

The supervisor cancelled his shift and replaced him.

The grievor reported to work anyway and was sent home.

Under an Expedited Mediation-Arbitration Protocol, the Grievance Settlement Board upheld the grievance in part and ordered the employer to pay the grievor 6 hours of straight time pay.

The grievor requested a special and compassionate leave day to attend a service for Pope John Paul II.

The employer denied the request, noting the day did not coincide with recognized religious holidays for Roman Catholics, and instead granted a vacation day.

Following an expedited mediation-arbitration process, the Grievance Settlement Board dismissed the grievance without reasons, in accordance with the collective agreement.

The union filed a grievance alleging that the grievor's retroactive pay was delayed, causing a financial loss of approximately $60 due to a returned cheque and interest costs.

The employer argued the delay was partly because the grievor ran out of sick leave credits and the first cheque was written for the wrong amount.

Following an expedited mediation-arbitration process, the grievance was upheld in part, and the employer was ordered to pay the grievor $30.

The union filed a grievance on behalf of the grievor claiming 42 meal allowances of $6.00 each for shift extensions worked in 2003 and 2004.

The claims were submitted in January 2006, with the grievor asserting he was previously unaware he could make such claims.

The employer argued the grievances were out of time and the passage of time prejudiced its ability to verify the claims.

Following an expedited mediation-arbitration protocol, the arbitrator dismissed the grievance without reasons, as permitted by the collective agreement.

The union filed a grievance alleging that the employer improperly unilaterally altered the terms of a May 2000 memorandum of agreement regarding the accumulation of Compensating Time Off (CTO) between January 1 and March 31, 2006.

The employer had announced that employees would not be permitted to accumulate CTO effective January 1, 2006, before a new agreement was reached effective April 1, 2006.

The grievor sought to accumulate CTO to assist his spouse in caring for their toddler triplets.

The arbitrator allowed the grievance in part, ordering the employer to grant the grievor 40 hours of compensating time to be added to his time bank.

The union filed a grievance regarding the employer's refusal to grant an unclassified employee special and compassionate leave for a religious holiday.

The collective agreement provisions for such leave did not apply to unclassified employees at the time, prompting the grievor to work the scheduled day.

Following an expedited mediation-arbitration process, the Grievance Settlement Board upheld the grievance in part and ordered the employer to pay the grievor an amount equal to four hours' pay at the applicable rate.

The grievor alleged that the employer failed to advise him of a job posting for an OAG 8 position and improperly awarded the position to a student employee.

The employer maintained that the position was posted in accordance with normal procedures and attracted several bargaining unit applicants.

Following an expedited mediation-arbitration process, the Vice-Chair dismissed the grievance without reasons, in accordance with the collective agreement.

The union grieved discipline imposed on the grievor for failing to complete assigned work and cancelling an overtime extension.

The grievor had requested a meal break prior to starting the extension, but his supervisor instructed him to complete his assigned task first.

The grievor refused, citing health and safety concerns, and cancelled the extension.

The employer argued the grievor had prior opportunities for a break and should have followed the principle of 'obey now, grieve later.' The arbitrator, issuing a decision without reasons under an expedited mediation-arbitration protocol, denied the grievance.

The union grieved a three-day suspension imposed on the grievor for alleged inappropriate conduct towards a colleague.

The matter proceeded by way of mediation/arbitration without reasons.

After reviewing the Independent Investigations Unit report and submissions, the arbitrator directed the employer to remove the discipline and all related documents from the grievor's files.

The parties were unable to resolve a grievance concerning a two-day suspension in mediation.

The grievance involved an allegation that the grievor entered incorrect information regarding an inmate's charges.

Prior to the expedited arbitration hearing, the Grievance Settlement Board ordered the employer to disclose the inmate's Activity Log and the complete CISU investigation report to the union.

The grievor, who worked an accommodated schedule of three 12-hour night shifts per week, grieved the cancellation of her shift on January 8, 2005.

The employer had cancelled the shift to provide her more time to adjust to a scheduled daytime training session the following week.

When the grievor maintained she could not attend the training, it was rescheduled, but her January 8 shift remained cancelled, resulting in 12 hours of lost pay.

Following an expedited mediation-arbitration process, the arbitrator ordered the employer to pay the grievor six hours' pay.

The parties were unable to resolve a grievance concerning the grievor's failure to successfully complete ICIT team training during mediation.

The matter was scheduled for expedited arbitration.

The Vice-Chair ordered the employer to disclose specific materials to the union prior to the hearing, including test results for all candidates, master scoring sheets, trainer training documentation, and relevant policies regarding ICIT training and candidate removal.

The grievor alleged that his merit pay increase was delayed for four months, causing him to incur credit card carrying charges, long distance, and travel costs.

He also sought interest under the collective agreement.

The employer argued it does not pay additional costs for delays and had offered to pay interest on July 23, 2003, which the grievor did not accept.

The arbitrator ordered the employer to pay interest up to July 23, 2003, in accordance with the collective agreement.

The union filed a grievance on behalf of an employee who alleged that the employer breached proper procedures and protocol by failing to advise him that he was the subject of a workplace discrimination and harassment complaint, an internal investigation, and a human rights complaint.

The employer responded that the employee had been advised that the allegations were unsubstantiated and that the ongoing human rights complaint did not involve him.

Following an expedited mediation-arbitration process, the arbitrator dismissed the grievance without reasons, in accordance with the collective agreement.

The union grieved the employer's placement of a rehired employee on the wage scale and the requirement that she complete a medical examination.

The employee had previously worked for the OPS and was rehired after working for a privately managed facility.

The employer maintained it followed its policy regarding medicals for returning employees and had no obligation to offer advanced standing on the wage scale.

The grievance was dismissed under an expedited mediation-arbitration protocol.

The grievor, a bargaining unit member, was placed in an acting management position outside the collective agreement.

He grieved that his rate of pay in the acting position was not adjusted to keep pace with increases he would have received in his former bargaining unit position.

The employer raised a preliminary objection that the Grievance Settlement Board lacked jurisdiction because the grievance concerned pay matters for a manager outside the bargaining unit.

The arbitrator agreed and dismissed the grievance for lack of jurisdiction.

The union raised a preliminary objection arguing that a four-day suspension imposed on the grievor was void ab initio because the employer failed to provide advance notice and union representation during a meeting, as required by Article 26.3 of the collective agreement.

The meeting involved a police officer investigating a workplace altercation, with a management representative present.

The arbitrator found that the presence of the management representative created a potential for the grievor to make statements against his interest, triggering the protections of Article 26.3.

The failure to provide these protections rendered the discipline void ab initio.

The union filed grievances on behalf of several employees regarding their continuous service dates.

The matter proceeded under an expedited mediation-arbitration protocol.

The union adduced evidence that reasonable efforts were made to contact the grievors, but they failed to respond.

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

The union filed a grievance alleging that the grievor's continuous service date was incorrect because he was not credited for a two-week orientation period or a two-week honeymoon vacation.

The employer maintained that the grievor's employment started after the orientation period and that there was no record of a vacation application.

Following an expedited mediation-arbitration protocol, the arbitrator allowed the grievance in part and ordered that two weeks be added to the grievor's continuous service date.

The union filed a grievance after a Correctional Officer worked an 18-hour shift, exceeding the agreed 16-hour maximum.

The employer argued it had difficulty filling the shift due to sick leaves and a hospital escort, but no emergency was declared.

The arbitrator found that the employer breached the 16-hour maximum in a non-emergency situation and issued a declaration to that effect.