Barry Stephens

The grievors, unclassified employees converted to classified employees under an August 1998 Memorandum of Settlement, argued that their conversion constituted a promotion and that they were entitled to a minimum pay increase under the collective agreement.

The employer maintained that the minimum pay increase provision applied only to promotions, not conversions.

The Grievance Settlement Board dismissed the grievance, finding no evidence of a breach of the collective agreement and concluding that the conversion did not trigger the minimum pay increase provision.

The grievor, a Nurse 2, filed a grievance alleging that the employer's practice of hiring new Nurse 2's at a higher rate of pay than her current rate was unfair and breached the collective agreement.

The matter proceeded via an Expedited Mediation-Arbitration Protocol.

The employer argued that no provision in the collective agreement restricted its right to give credit for past experience to new employees at the point of hiring.

The arbitrator found no evidence of a breach of the collective agreement and dismissed the grievance.

The grievor was terminated in November 2000 for an assault on his supervisor.

The union brought a grievance but was unable to contact the grievor to submit further particulars.

The Grievance Settlement Board, proceeding under an expedited mediation-arbitration protocol, found no evidence of a breach of the collective agreement and dismissed the grievance.

The union filed grievances alleging that the employer breached the staffing levels in the Compressed Work Week agreement by failing to fill a fifth day shift position on Fridays, and that the hours should have been made available as overtime.

The employer argued that the agreement deals with hours of work and does not guarantee specific staffing levels.

The arbitrator found no evidence of a breach of the collective agreement and dismissed the grievances.

The union brought a grievance on behalf of a former employee regarding compensation for work and responsibilities.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

The union was unable to contact the grievor to obtain further particulars.

The arbitrator dismissed the grievance, finding no evidence of a breach of the collective agreement and noting that the board lacked jurisdiction over what appeared to be a classification dispute.

The union filed a grievance alleging that the employer breached the collective agreement by removing the grievor from a safe area, placing him in an area of extreme risk, and engaging in intentional intimidation.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

The union was unable to contact the grievor to obtain further particulars or information.

The arbitrator found no evidence of a breach of the collective agreement and dismissed the grievance.

The union filed a grievance alleging that the employer failed to follow the overtime protocol at the Maplehurst Correctional Complex.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

The union was unable to contact the grievor to obtain further particulars.

The Vice-Chair reviewed the evidence and submissions, found no evidence of a breach of the collective agreement, and dismissed the grievance.

The union grieved that the employer denied the grievor an opportunity to fill an OM16 position outside the bargaining unit.

The union alleged the denial was arbitrary, discriminatory, or in bad faith, specifically claiming it was retribution because the grievor's brother successfully represented OM16 employees before the Public Service Grievance Board.

The employer argued the Board lacked jurisdiction as the position was outside the collective agreement.

Proceeding under an expedited mediation-arbitration protocol, the Vice-Chair assumed jurisdiction but dismissed the grievance, finding no clear and cogent evidence of arbitrary, discriminatory, or bad faith conduct by the employer.

The union filed a grievance alleging the employer failed to act in good faith regarding a memorandum of settlement.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

The union was unable to contact the grievor to obtain further particulars, and the grievor was no longer employed by the Ministry.

The Grievance Settlement Board found no evidence of a breach of the collective agreement and dismissed the grievance.

The union filed a grievance alleging health and safety violations regarding the cleaning of lounge and washroom facilities at the Maplehurst Correctional Complex.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

At the hearing, the union advised that it had been unable to contact the grievor, who was no longer employed by the Ministry, to obtain further particulars.

The arbitrator reviewed the evidence and submissions, found no evidence of a breach of the collective agreement, and dismissed the grievance.

The employer brought a motion to dismiss two grievances on the grounds that the union failed to comply with a board order to provide full particulars by a specified deadline.

The union provided some particulars two weeks after the final extended deadline.

The Vice-Chair declined to dismiss the grievances outright given the serious nature of the allegations, but ruled that the union would not be permitted further time to provide additional particulars.

The hearing was ordered to proceed based strictly on the allegations detailed in the late letters.

The parties entered into a protocol for the mediation/arbitration of a backlog of grievances but could not agree on a venue for an upcoming session.

The employer requested the session be held at the institution to save costs, while the union argued the worksite facilities were inadequate and lacked privacy.

The Grievance Settlement Board held that, absent mutual agreement, it was inappropriate to order the parties to meet at the worksite and directed them to convene at an available offsite location.

The union grieved the termination of the grievor's employment.

The parties agreed to proceed under the mediation/arbitration procedure set out in the collective agreement and requested an order without written reasons.

The arbitrator ordered the grievor reinstated effective the date of termination, after which the parties reached an agreement on all outstanding matters.

The parties requested an order dismissing conversion claims for employees at the North Bay Psychiatric Hospital pursuant to a December 1999 agreement.

The union had undertaken to obtain withdrawals of all conversion claims where there was no apparent violation of the collective agreement as of February 29, 2000, but was unable to secure withdrawals in all cases.

The Grievance Settlement Board issued the requested order dismissing the claims.

The union filed grievances arguing that employees working a compressed work week should be permitted to continue the past practice of banking all hours earned on a statutory holiday as lieu time.

The employer argued that the practice contradicted the collective agreement as interpreted in a prior decision, which limited the amount of lieu time that could be banked.

The parties agreed to a mediation/arbitration procedure and requested a decision without reasons.

The arbitrator dismissed the grievances, finding that the employees' rights were governed by the prior decision.

The grievor, George Burke, grieved that his seniority was not properly calculated because it did not include credit for the period from 1989 to 1991 when he did not work for the Ministry.

The union argued that his absence was due to marital and family status issues and that he should have been accommodated with a short-term leave instead of resigning.

The employer argued it relied on his clear letter of resignation and had no evidence of a request for accommodation.

The arbitrator found that the grievor's seniority was properly calculated in accordance with the collective agreement and dismissed the grievance.

The employer brought a motion requesting that the Grievance Settlement Board defer a grievance regarding the posting of a Coordinator of Pharmacy Services position to the Ontario Labour Relations Board (OLRB).

The union had filed a grievance claiming the work belonged to its bargaining unit, while the employer asserted the position fell within a different union's bargaining unit and filed a jurisdictional dispute with the OLRB.

The Board granted the employer's motion to defer, finding that the OLRB was the appropriate forum to resolve a multi-party jurisdictional dispute and avoid the risk of conflicting arbitration decisions under different collective agreements.

The parties met to commence hearings into two grievances.

At the outset, preliminary matters required procedural orders.

The Vice-Chair ordered that the two grievances be consolidated and heard together.

Furthermore, the Vice-Chair ordered a mutual exchange of full particulars regarding the alleged violations, responses, and essential facts to be proven at arbitration, with specific timelines for each party.

The union grieved the employer's decision to include production targets for expected numbers of completed audits in the annual assessment of auditors in the retail sales branch.

The matter was dealt with under the mediation/arbitration procedure.

The Vice-Chair found that the evaluation targets did not violate the collective agreement and dismissed the grievance without reasons, as requested by the parties.

The union filed a grievance alleging the employer violated the collective agreement by denying the grievor an overtime assignment.

The employer argued the grievor was not entitled to the assignment and that the grievance was not arbitrable due to missed time limits.

Proceeding under the mediation/arbitration procedure, the Vice-Chair issued a decision without reasons, finding that the employer did not violate the overtime provisions.

The grievance was dismissed.