D.J.D. Leighton

The grievor, a correctional officer, filed two grievances.

The first alleged the Employer breached the Collective Agreement by refusing to reimburse him for home security upgrades implemented after an inmate threatened him.

The second alleged the Employer breached a Memorandum of Settlement by housing the threatening inmate at his institution.

The arbitrator dismissed both grievances, noting that the security report stated upgrades were the homeowner's responsibility, and the Memorandum of Settlement explicitly permitted the inmate to be housed at the institution for required court attendances.

The employer brought a motion to dismiss eight grievances alleging racial and family status discrimination and anti-union animus, arguing the particulars failed to establish a prima facie case.

The arbitrator applied the test for a prima facie case of discrimination, finding that relatively little affirmative evidence is required at this stage.

The arbitrator concluded that the particulars for seven of the grievances were capable of supporting the alleged violations if proven true.

One grievance relating to general workload issues was dismissed as it did not fit the union's theory of the case.

The employer's alternative motion to strike certain particulars was dismissed as premature.

A Correctional Officer filed a grievance alleging the employer breached the collective agreement by denying her 4 hours of callback pay.

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

The arbitrator denied the grievance.

A correctional officer filed two grievances alleging the employer breached the collective agreement by denying him meal claims.

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

The arbitrator granted the grievances and ordered the employer to pay three meal allowances totaling $37.50.

The union grieved on behalf of a correctional officer that the employer breached the collective agreement by denying her application for a temporary assignment to a pilot project.

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

The arbitrator dismissed the grievance.

The grievor, a correctional officer, was assaulted by an inmate and suffered serious injuries.

The union filed a grievance alleging the employer failed to provide a safe workplace, breaching the collective agreement and the Occupational Health and Safety Act, and sought declarations and $20,000 in damages.

The employer acknowledged its failure to provide a safe workplace but argued the Board lacked jurisdiction to order damages.

The arbitrator granted the grievance in part, issuing declarations that the employer breached its legal obligations under the collective agreement and the Act, but declined to order damages.

The grievor, a Correctional Officer, grieved the employer's denial of her request for six compassionate leave days to care for her daughter following emergency surgery.

The employer had granted three days but denied the remainder.

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

The arbitrator granted the grievance in part, ordering the employer to pay the grievor for six days of lost wages, but declined to award damages.

The grievor, a Social Worker II, grieved the employer's denial of her request for compassionate leave for a scheduled shift.

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

The arbitrator granted the grievance and ordered the employer to compensate the grievor for her lost wages.

The union grieved the employer's denial of a nurse's request for a 12-month leave of absence to teach at a college.

The employer maintained that granting such requests was discretionary under the collective agreement.

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

The arbitrator dismissed the grievance.

The grievor, a Mental Health Nurse, grieved a three-day suspension, alleging it was without just cause and in breach of the collective agreement.

The employer maintained the suspension was justified due to significant misconduct.

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

The arbitrator dismissed the grievance.

The union grieved a one-day suspension imposed on a correctional officer, alleging it was without just cause and breached the collective agreement.

The employer maintained the misconduct was significant.

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

The arbitrator dismissed the grievance.

The grievor filed 14 grievances alleging workload issues but failed to attend the scheduled expedited hearings.

The Board previously issued an order compelling her attendance and warning that the matters could be dismissed if she failed to appear.

After the grievor failed to attend the rescheduled virtual hearing despite receiving written notice, the Board dismissed the grievances.

The grievor, a Correctional Officer, grieved a 15-day suspension alleging a breach of the collective agreement.

The parties had previously entered into Minutes of Settlement agreeing to a schedule for reducing discipline, which entitled the grievor to a reduction to a 13-day suspension.

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

The arbitrator ordered the employer to reduce the discipline to 13 days and compensate the grievor for two days of lost wages.

The union grieved a five-day suspension imposed on a Correctional Officer, alleging a breach of the collective agreement.

The employer maintained there was no breach but acknowledged a Minutes of Settlement between the Ministry and the union that provided for a reduction of five-day suspensions to four days with reimbursement for lost wages.

The arbitrator ordered the employer to reduce the discipline to four days and compensate the grievor accordingly.

The grievor, a Correctional Officer, grieved a three-day suspension.

The parties entered into Minutes of Settlement agreeing to reduce three-day suspensions to two days with reimbursement for lost wages.

The arbitrator ordered the employer to reduce the discipline to two days and compensate the grievor accordingly.

The grievor, a correctional officer, grieved a fifteen-day suspension, alleging breaches of the collective agreement and the Human Rights Code.

The parties had previously entered into Minutes of Settlement agreeing to reduce fifteen-day suspensions to thirteen days.

The arbitrator ordered the employer to reduce the discipline to thirteen days and compensate the grievor for two days of lost wages, noting no evidence was submitted to support a breach of the Code.

The grievor, a correctional officer, filed a grievance alleging the employer breached the collective agreement by denying his claim for the cost of altering his uniform shirts.

The employer maintained that shirt alterations were not covered by the applicable policy.

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

The arbitrator denied the grievance.

The grievor, a correctional officer, filed two grievances alleging the employer breached the collective agreement by denying his requests for special and compassionate leave.

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

The arbitrator granted the first grievance in part and denied the second, directing the employer to pay the grievor for six hours as one half of a discretionary day.

The grievor, a Correctional Officer, filed two grievances alleging the Ministry breached the collective agreement by issuing a reprimand and a three-day suspension without pay.

The Ministry argued the grievor violated the Correctional Services Code of Conduct and Professionalism.

The parties referred the grievance to mediation/arbitration.

The arbitrator denied the grievance, finding the discipline appropriate in all the circumstances, and issued a decision without precedent or prejudice and without written reasons.

The union filed grievances regarding the calculation of the grievor's continuous service date.

The grievor failed to attend the scheduled expedited mediation-arbitration hearing without explanation.

The parties jointly sought an order compelling the grievor's attendance at the next scheduled hearing.

The arbitrator granted the order, noting that if the grievor fails to attend, the hearing will proceed in his absence and the grievances may be dismissed.