Felicity D. Briggs

The grievor, a fixed-term Correctional Officer, was discharged for failing to disclose her relationship with an ex-offender, renting her condominium to him, and acting as his surety.

The Union conceded that discipline was warranted but argued that discharge was too severe, seeking a suspension instead.

The Grievance Settlement Board found that the grievor's sustained failure to report the relationship over many months constituted a significant breach of trust and a violation of safety and security policies.

The Board concluded that the grievor's remorse was insufficient to rebuild the employment relationship and dismissed the grievance, upholding the discharge.

Three correctional officers filed grievances alleging the Employer violated the Collective Agreement by changing their work schedules without sufficient notice following the closure of the Owen Sound Jail and their lateral transfer to new facilities.

The Union argued the grievors were on a master schedule that extended into the future.

The Grievance Settlement Board dismissed the grievances, finding that because there was no posted schedule for the closed facility beyond its closure date, there was no 'change' in the working schedules, and the grievors had been notified of their new assignments well in advance.

The union filed a grievance on behalf of an unclassified correctional officer who was mistakenly offered a rollover to classified (full-time) status, which was rescinded hours later due to a break in service at the institution.

The union argued the employer could not rescind the offer and had violated the proper process for rollovers.

The arbitrator dismissed the grievance, finding that the employer made a bona fide error in offering the position and was entitled to correct it.

Furthermore, the employer did not violate the collective agreement or any memorandum of settlement by establishing the condition that an employee must have worked at the institution for at least a year to be eligible for a rollover.

The grievor, a Flexible Part Time Court Registrar, filed a grievance alleging that the Employer violated the Collective Agreement by failing to post temporary work assignments that exceeded six months.

The Grievance Settlement Board dismissed the grievance, finding that the relevant provisions of Article 6 did not apply to Flexible Part Time employees, and therefore the Employer was not obliged to post the positions.

The union filed a grievance on behalf of a correctional officer alleging her continuous service date was incorrect.

The employer argued the grievance was premature because the continuous service date had not yet been determined and it was unknown whether the grievor would dispute the employer's calculation.

The arbitrator agreed the grievance was premature and dismissed it, noting the grievor could file a new grievance if a dispute arose in the future.

The Union and the Employer disputed the interpretation of a 2008 Grievance Settlement Board decision regarding the calculation of seniority for unclassified correctional officers.

The Employer argued that the 2008 agreement meant any adjustments to sick leave for seniority purposes were prospective only.

The Union argued that while it agreed not to undo past roll-over appointments, it did not agree to forgo retroactive seniority adjustments for future appointments.

The Vice-Chair agreed with the Union, finding it highly unlikely the Union would have conceded all retroactive gains achieved in a 2003 decision, and ordered that the seniority be recalculated retroactively.

The grievor, a correctional officer, filed a grievance alleging that his hours of work were not balanced when he was transferred from the Owen Sound Jail to the Hamilton Wentworth Detention Centre following the closure of the former.

The Grievance Settlement Board dismissed the grievance, finding that it was filed prematurely because it could not yet be determined whether the hours had been properly balanced.

The union filed a grievance on behalf of a correctional officer, alleging that the employer violated the collective agreement by failing to surplus him during the restructuring and closure of provincial correctional institutions.

The parties had previously entered into a transition agreement whereby all employees were given other positions within the Ministry.

The Grievance Settlement Board dismissed the grievance, finding no violation of the collective agreement because the grievor was not entitled to be surplussed.

In an expedited mediation-arbitration process, the grievor failed to provide particulars and supporting documentation for his outstanding grievances at two consecutive sessions.

The employer requested that the grievances be dismissed.

The arbitrator declined to dismiss the grievances, noting the short notice for the session, but issued a strict scheduling order for the union to provide particulars and for the employer to respond.

The grievor, a Finance and Administration Clerk, filed a grievance alleging the Employer violated the Collective Agreement by failing to convert her to classified status.

She claimed that while working as an OA8, she continued to perform some OA3 duties and had done so for over 18 months.

The Grievance Settlement Board dismissed the grievance, finding that her home position was OA8 and she was not performing the 'same work' for 18 months as required for conversion.

The grievor, a Correctional Officer, filed five grievances alleging violations of the Collective Agreement.

The parties participated in an Expedited Mediation-Arbitration process.

The unresolved grievances were brought before the Grievance Settlement Board.

The Board dismissed the grievances without reasons, in accordance with the negotiated Protocol.

The grievors, two correctional officers with over a decade of discipline-free service, received three-day suspensions for receiving and forwarding an offensive email contrary to the employer's workplace discrimination and harassment policy.

The union conceded that discipline was warranted but argued the penalty was too severe given the grievors' seniority and clean records.

The arbitrator found that while the employer's effort to deter such conduct was understandable, insufficient weight was given to mitigating factors, including the grievors' forthrightness and lack of prior discipline.

The grievances were allowed in part, and the suspensions were reduced to one day.

The grievor filed a grievance claiming call back pay after a supervisor telephoned her at home to discuss a workplace issue.

The Employer argued that call back pay was not warranted because the grievor was not required to, and did not, return to the workplace.

The Grievance Settlement Board agreed with the Employer and dismissed the grievance in an expedited mediation-arbitration decision without reasons.

The grievor, a fixed-term Correctional Officer, filed two grievances alleging improper scheduling, bullying, and harassment by the Employer.

The matter was heard through an expedited mediation-arbitration process.

The Grievance Settlement Board dismissed the grievances, finding that the grievor had signed a contract agreeing to be available for up to 40 hours per week, and the Employer was entitled to rely on that agreement in its scheduling.

The union filed a grievance on behalf of a correctional officer, alleging the employer violated the collective agreement by arbitrarily assigning him to take December 27 and 28, 2010, off as paid holidays for Christmas and Boxing Day.

The employer maintained that because the holidays fell on the grievor's regular days off (Saturday and Sunday), the paid holidays were appropriately scheduled on the following Monday and Tuesday.

The grievance was heard through an expedited mediation-arbitration process.

The arbitrator dismissed the grievance.

The grievor, a Correctional Officer, filed a grievance alleging the Employer failed to accommodate her family status needs related to child care.

The matter proceeded through an Expedited Mediation-Arbitration process.

The arbitrator found that both the grievor and the Employer failed to fully satisfy their obligations in the accommodation process.

The grievor did not provide all necessary information, and the Employer failed to hold a formal review meeting with Union representation.

The arbitrator awarded the grievor $1,000 in damages due to the Employer's insufficient efforts.

The grievor, a Correctional Officer, alleged that the Employer violated the Collective Agreement by failing to assign him the duties of Acting OM16 on a specific date.

The matter proceeded through the Expedited Mediation-Arbitration process.

The Grievance Settlement Board found no violation of the Collective Agreement and denied the grievance.

The grievor, a Correctional Officer, went on stress leave after discovering hurtful graffiti about herself on a workplace wall.

She alleged the Employer failed to protect her and made inappropriate comments that led to the denial of her WSIB claim.

The Employer removed the graffiti upon being made aware and denied making inappropriate comments or recording an absence without leave.

The Grievance Settlement Board, proceeding under an expedited mediation-arbitration protocol, found no violation of the Collective Agreement and dismissed the grievance.

The union filed a grievance alleging the employer violated the collective agreement by hiring new fixed-term employees for a temporary exhibit without posting the positions.

The employer raised a preliminary objection, arguing the union's particulars did not establish a prima facie case.

The Grievance Settlement Board agreed, finding that the collective agreement did not oblige the employer to post temporary assignments of less than six months.

The employer's motion to dismiss the grievance was granted.

The grievor, a fixed-term OAG 8 employee at the Central East Correctional Centre, filed a grievance claiming she should have been rolled over into a permanent position following a retirement in September 2008.

The Grievance Settlement Board found that the vacant OAG 8 position was not filled.

Instead, due to additional funding and operational requirements, the position was changed to an AGA 15, to which the grievor had no entitlement.

The grievance was dismissed.