Belinda A. Kirkwood

The union grieved a five-day suspension imposed on the grievor for possessing and using a cellphone while on duty and failing to follow a manager's directive.

The parties agreed to a bottom-line decision.

The arbitrator found just cause for discipline but reduced the penalty to a one-day suspension.

The union filed a grievance claiming the employer violated the collective agreement and travel policy by failing to compensate the grievor for parking and mileage expenses incurred on two dates.

The parties agreed to a bottom-line decision without reasons.

The arbitrator dismissed the grievance.

The Union filed a grievance alleging that the Employer breached a Memorandum of Settlement (MOS) by appealing a WSIB decision regarding the grievor's continued loss of earnings.

The MOS settled all issues relating to the grievor's employment and termination, but preserved the grievor's rights under the Workplace Safety and Insurance Act, 1997.

The Grievance Settlement Board dismissed the grievance, finding that the MOS was clear and unambiguous.

While the MOS prevented the grievor from seeking re-employment, it explicitly allowed either party to take a position on any other matter under the WSIA, including the employer's right to appeal the loss of earnings claim.

The parties entered into Minutes of Settlement resolving their dispute, with the arbitrator remaining seized of any implementation issues.

A dispute arose regarding the timing of the payment of a retiring allowance.

Following submissions and on consent of the parties, the arbitrator ordered that the retiring allowance be paid forthwith.

The employer brought a motion to dismiss the grievance after the grievor repeatedly failed to cooperate with the union or comply with the Grievance Settlement Board's orders to provide particulars.

The grievor had chosen to pursue a concurrent claim before the Human Rights Tribunal and refused to participate in the grievance process until the human rights claim concluded.

The Board granted the motion and dismissed the grievance, holding that the employer is entitled to have matters resolved in a timely manner and the process cannot be held in abeyance indefinitely due to the grievor's refusal to comply with orders.

The parties agreed to a confidentiality order regarding documents produced for the grievance arbitration.

The Vice-Chair ordered that all documents be kept confidential, used only for the purposes of the hearing, and shredded at the conclusion of the proceedings, save for one copy to be retained by each counsel.

The Union grieved that pilots were entitled to call-back pay for calling into a pre-recorded Alert Line on their last day off work to learn their next assignment and readiness for active duty.

The Grievance Settlement Board found that while the pilots met the criteria of having left work and having a next scheduled shift, they did not meet the specific criteria in the 1988 Float Agreement, which required them to be performing active fire duties or be on red alert to receive call-back pay.

The grievance for call-back pay was dismissed, though the time spent calling in was found to be overtime.

The Grievance Settlement Board issued an interim decision setting a procedural schedule for the union to advise which claims and remedies it wishes to advance and to provide particulars in support of its claim.

The board also set deadlines for determining any outstanding issues relating to the production of particulars and for setting the matter down for mediation or hearing.

The union filed grievances on behalf of water bomber pilots claiming that upon termination of their 1991 compressed work year agreement, they should be governed by the 1995 Float Agreement or alternatively the 1988 Float Agreement.

The employer argued they were excluded from the 1995 Float Agreement and should default to the standard collective agreement.

The Grievance Settlement Board found that the plain language and negotiating history of the 1995 Float Agreement explicitly excluded the water bomber pilots.

However, the Board held that the 1988 Float Agreement remained the default agreement for these pilots, as the 1991 agreement was a temporary trial that did not extinguish their prior rights.