Deborah J.D. Leighton

The employer brought a motion to suppress the identity of an employee ('Officer Doe') who reported information that led to the complainant's termination.

The employer argued that the identity should be protected by informant privilege and the disclosure of wrongdoing provisions of the Public Service of Ontario Act, 2006.

The complainant argued that procedural fairness required disclosure, particularly because the employer had entered an occurrence report written by Officer Doe into evidence.

The Board dismissed the employer's motion, holding that procedural fairness and the principles of natural justice required the disclosure of Officer Doe's identity to allow the complainant the opportunity to cross-examine the individual.

The grievor, a maintenance mechanic, filed ten grievances alleging that overtime opportunities were not distributed equitably, in violation of the collective agreement.

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

The arbitrator granted the grievance in part, ordering the employer to pay the grievor 17 hours at the applicable overtime rate.

The grievor, a Nurse 2, filed a grievance alleging the employer breached the collective agreement by failing to pay her at level nine of the pay grid.

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

The arbitrator granted the grievance in part, ordering the employer to adjust the grievor's pay to level nine retroactively to 20 days before the grievance was filed and to compensate her accordingly.

A group of fixed term correctional officers filed a grievance alleging the employer breached the collective agreement by failing to pay premium pay for work scheduled on days off before their scheduled forty hours.

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

The Grievance Settlement Board denied the grievance.

The grievor, a correctional officer, filed a grievance alleging the employer breached the collective agreement by imposing a five-day suspension for his conduct during a work refusal.

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

The arbitrator substituted the five-day suspension with a three-day suspension and ordered the employer to compensate the grievor for two days' pay.

The union filed a grievance on behalf of a correctional officer alleging the employer breached the collective agreement by imposing an eight-hour suspension.

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

The arbitrator substituted the eight-hour suspension with a letter of reprimand and ordered the employer to compensate the grievor for the eight hours.

A correctional officer filed a grievance alleging the employer breached the collective agreement by unreasonably denying a request for compassionate leave.

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

The arbitrator found no violation of the collective agreement or the Code and denied the grievance.

The grievor, a Correctional Officer, filed a grievance alleging that the employer breached the collective agreement by improperly denying him an escort shift.

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

The Vice-Chair denied the grievance.

The parties sought assistance from the Grievance Settlement Board regarding the implementation of a Memorandum of Settlement signed in August 2012.

The issue concerned the grievor's continuous service date.

Following a conference call, the parties agreed to an order.

The Board ordered the employer to adjust the grievor's continuous service date from August 20, 2012, to March 22, 1995.

At a hearing before the Grievance Settlement Board, the union sought disclosure of documents related to a Workplace Discrimination and Harassment Prevention (WDHP) report.

The Board issued an oral order, subsequently rendered in writing, requiring the employer to disclose all arguably relevant documents contained in the specified WDHP file.

The union grieved the denial of a second pair of orthotics for an accommodated employee and sought vacation credits for time the employee spent on long-term disability.

The Grievance Settlement Board dismissed the orthotics grievance, finding the employee did not work in a correctional institution as required by the collective agreement, and the claim was barred by a full and final release in a Memorandum of Settlement.

The Board also granted the employer's motion to dismiss the vacation credits claim, ruling it was functus officio because the claim was raised after a final and binding award on remedies had already been issued.

The grievor, a Laundry Worker at the Toronto South Detention Centre, filed a grievance alleging the employer failed to offer her overtime when she was available and willing to work.

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

The Vice-Chair denied the grievance.

The grievor, a laundry worker, filed two grievances alleging the employer failed to offer her overtime when a co-worker called in sick.

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

The Vice-Chair denied the grievances.

The complainant requested disclosure of documents in the employer's custody, to which the employer agreed.

The parties sought an order from the Public Service Grievance Board regarding the disclosure.

The Board ordered that the disclosed documents be used solely for the litigation, not be disseminated to unauthorized persons, and be returned at the conclusion of the litigation, subject to counsel's retention of their litigation file.

The employer brought two preliminary motions in a series of grievances alleging workplace harassment and discrimination.

The first motion argued that the union's particulars improperly expanded the scope of the grievances.

The Vice-Chair dismissed this motion, finding that a liberal reading of the grievances clearly indicated allegations of harassment and discrimination from the outset.

The second motion sought to limit the evidence to three years prior to the October 2013 grievance.

The Vice-Chair granted this motion in part, applying the Board's general three-year guideline but calculating it from the date of the first grievance in December 2012, while leaving open the possibility of admitting evidence of a specific 2004 incident if deemed relevant at the hearing.

The union filed a grievance alleging the employer failed to post the position of Assistant Office Manager.

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

The arbitrator denied the grievance.

A group of eighteen Correctional Officers at the Toronto South Detention Centre filed a grievance alleging the employer failed to pay them a lieu day for the January 1, 2014 statutory holiday.

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

The Vice-Chair denied the grievance, finding no violation of the collective agreement.

Six Finance and Personnel Clerks filed grievances alleging that a temporary assignment for an Assistant Business Administrator was given to someone outside the local union for longer than six months without offering opportunities to local administrative staff.

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

The arbitrator denied the grievances.

The union filed a group grievance on behalf of four Finance and Personnel Clerks alleging that the employer violated the collective agreement by giving a temporary assignment for an Assistant Business Administrator position to someone outside the local for longer than six months without offering it to local administrative staff.

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

The arbitrator denied the grievance, finding no violation of the collective agreement.

The grievor, an OAG 6, filed competition grievances alleging that the employer breached the collective agreement and constructively prevented his career advancement by denying him an interview and a position in two separate competitions.

The union argued this was a reprisal for a previous human rights complaint.

The employer submitted there was no evidence of improper purpose.

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

The Vice-Chair denied the grievances, finding no violation of the collective agreement.