Deborah J.D. Leighton

The union grieved a three-day suspension issued to a correctional officer for excessive use of force.

The parties referred the grievance to mediation/arbitration and requested a decision without written reasons or precedential value.

The arbitrator considered the submissions and circumstances of the use of force, found just cause for the discipline, and dismissed the grievance.

A correctional officer grieved a three-day suspension issued for excessive use of force.

The parties referred the grievance to mediation/arbitration and requested a decision without written reasons.

The arbitrator granted the grievance in part, substituting a one-day suspension and ordering the employer to reimburse the grievor for two days of pay.

A correctional officer grieved a five-day suspension issued for excessive use of force.

The parties referred the grievance to mediation/arbitration and requested a decision without precedential value or written reasons.

The arbitrator found just cause for the discipline and dismissed the grievance.

The union grieved a three-day suspension issued to a correctional officer for excessive use of force.

The parties referred the grievance to mediation/arbitration and requested a decision without precedential value or written reasons.

The arbitrator granted the grievance in part, substituting a one-day suspension and ordering the employer to reimburse the grievor for two days of pay.

The grievor, a Mental Health Nurse, filed a grievance alleging the employer failed to protect her from sexual harassment by an inmate, in breach of the collective agreement, the Occupational Health and Safety Act, and the Human Rights Act.

The parties referred the matter to mediation/arbitration and requested a decision without written reasons.

The arbitrator found that the grievor was sexually harassed by the inmate and that the employer failed in its duty to protect employees from third-party harassment.

The grievance was granted, and the employer was ordered to pay $1,500 in damages.

The union filed a grievance on behalf of a correctional officer alleging that the employer breached the collective agreement by issuing a two-day suspension for unprofessionalism and insubordination.

The parties referred the grievance to mediation/arbitration and requested a decision without written reasons.

The arbitrator found that the discipline was appropriate in the circumstances and dismissed the grievance.

The grievor, a Correctional Officer, filed a grievance alleging that the employer breached the collective agreement and the Occupational Health and Safety Act when her supervisor harassed her by yelling at her.

The parties referred the grievance to mediation/arbitration and requested a decision without written reasons.

The arbitrator found that while the supervisor's behaviour was inappropriate, the employer took reasonable steps to address the matter.

The grievance was dismissed.

The union referred six grievances to mediation/arbitration alleging that the employer breached the collective agreement by having management perform bargaining unit work and violating escort protocols.

The arbitrator granted the grievance regarding a sergeant called in to do bargaining unit work, issuing a declaration but no further remedy.

The arbitrator also granted the grievance regarding senior management distributing methadone and conducting audio court during a lockdown, again issuing a declaration without further remedy.

The remaining grievances concerning escorts and training were dismissed.

The decision was issued without precedential value and without written reasons.

The grievor, a Rehabilitation Officer, grieved a ten-day disciplinary suspension for providing preferential treatment to an incarcerated correctional officer by preparing a Temporary Absence Permit (TAP) for him.

The Ministry also disciplined the grievor for failing to be forthright during the investigation and for failing to retain electronic documents.

The arbitrator found that the grievor's actions were part of a concerted effort to provide preferential treatment to a fellow employee, which constituted a serious violation of conflict of interest regulations.

The arbitrator concluded that the Ministry had proven just cause for discipline and that the ten-day suspension was proportionate to the misconduct.

The grievance was dismissed.

A correctional officer filed three grievances alleging the employer breached the collective agreement by issuing three letters of reprimand for failing to wear a face mask as required by a Ministry Directive during the Covid-19 pandemic.

The parties referred the matter to mediation/arbitration and requested a decision without written reasons.

The arbitrator denied the grievances.

The grievor, a Correctional Officer, filed a grievance alleging the employer breached the collective agreement by issuing a three-day disciplinary suspension for abandoning her post, leaving without authorization, and falsifying her attendance record.

The parties referred the grievance to mediation/arbitration and requested a decision without written reasons.

The arbitrator granted the grievance in part, substituting a lesser penalty of a two-day suspension and ordering the employer to reimburse the grievor for eight hours of pay.

The grievor, a Maintenance Mechanic with the LCBO, filed a grievance alleging that the employer violated the collective agreement and the Attendance Management Programme by placing him in the programme.

The parties agreed to an expedited mediation/arbitration process without precedential value or written reasons.

The arbitrator found no breach of the collective agreement or the programme and dismissed the grievance.

A correctional officer filed a grievance alleging the employer breached the collective agreement, the Occupational Health and Safety Act, and the Mandatory Blood Testing Act by failing to forward completed forms to the public health unit within seven days of an incident where he was exposed to an inmate's bodily fluids.

The employer argued that its duty was fulfilled by providing the forms to the officer immediately, and that the Act places the responsibility of filing the forms on the affected officer.

The arbitrator found no breach of the grievor's rights and dismissed the grievance without written reasons, as requested by the parties.

The grievor, a Deaf employee, alleged that the employer discriminated against and harassed him, creating a poisoned workplace in breach of the Human Rights Code and the collective agreement.

The union argued that the employer's actions were driven by Audism and that the grievor's duties were systematically eroded.

The arbitrator issued a bottom-line decision to facilitate settlement discussions, finding the employer liable for discrimination and harassment regarding several specific incidents that created a poisoned workplace.

However, the arbitrator dismissed the allegations of Audism and the claim that the grievor's job duties were eroded because of his deafness.

The grievor, a casual employee, filed grievances alleging the employer failed to compensate him properly under a Memorandum of Agreement when he was required to self-isolate despite not testing positive for COVID-19.

The arbitrator found no breach of the collective agreement or the Memorandum of Agreement and dismissed the grievances without written reasons, as requested by the parties.

The employer brought a motion to dismiss the union's claim that it acted in bad faith in meeting its obligations under Minutes of Settlement regarding the grievor's return to work and placement in a case worker position.

The union alleged the employer failed to properly integrate the grievor and set him up for failure.

The arbitrator found that the union's particulars, even if accepted as true, did not support a prima facie case of bad faith, as they did not show deliberate actions designed to undermine the grievor's success.

The employer's motion to dismiss the bad faith claim was granted.

In an ongoing arbitration proceeding held virtually due to COVID-19, the Union requested permission to share arguably relevant documents with the Grievor to prepare its case.

The Employer raised confidentiality concerns.

The Arbitrator issued an interim order permitting the Union to share the documents with the Grievor for the purpose of preparing for cross-examination, subject to strict conditions regarding copying, use, return or destruction, and ongoing confidentiality.

The Arbitrator warned that a breach of the order could result in the dismissal of the grievances.

The union requested an order compelling the employer to make a quarterly payment due under Minutes of Settlement on or before April 29, 2019.

The employer assured the Board the payment would be made but the union sought an order because the employer had been late with three payments in 2018.

The Arbitrator, remaining seized of disputes under the settlement, ordered the employer to make the payment on or before April 29, 2019.

The union filed a grievance on behalf of a retired employee who alleged that the employer provided incorrect advice regarding her ability to buy back pension contributions when she became a classified employee.

The employee claimed she was told the buy-back had to be paid in a lump sum, which she could not afford, and sought a full pension and damages for pain and suffering.

The parties referred the matter to mediation/arbitration and requested a decision without precedent or prejudice and without written reasons.

The arbitrator found no evidence to support a breach of the collective agreement and denied the grievance.

The grievor, a Corrections Officer, filed three grievances alleging that the employer violated the collective agreement and the Human Rights Code by failing to accommodate her, allowing harassment, breaching a prior settlement, and running an unfair job competition.

The parties referred the matter to mediation/arbitration and requested a decision without written reasons.

The arbitrator found no evidence to support the allegations and dismissed the grievances.