Felicity D. Briggs

The union filed a grievance alleging that the grievor was improperly denied a roll-over from fixed term to classified status at the Toronto South Detention Centre.

The Expression of Interest required applicants to have been employed and continue to be employed at TSDC for one year prior to the agreement.

At the time of the application, the grievor was a fixed term employee with another ministry.

The arbitrator dismissed the grievance, finding that the grievor was not employed as a Correctional Officer at TSDC at the time of the rollover exercise.

The grievor, a Correctional Officer, was reinstated pursuant to a Memorandum of Agreement which specified his place of employment as the Thunder Bay Correctional Complex.

He subsequently applied for a lateral transfer to the Thunder Bay Jail, which was denied.

The union grieved the denial.

The arbitrator dismissed the grievance, finding that the Memorandum of Agreement specifically restricted the grievor's place of employment to the Thunder Bay Correctional Complex and contained no time limit on this restriction.

Nine Correctional Officers filed grievances alleging the Employer violated the Collective Agreement by denying requests for particular days off utilizing compensating time off earned from working Paid Holidays.

The Employer argued the denials were based on operational requirements to maintain necessary staffing levels.

The Arbitrator found no restriction to the right to time off in the Collective Agreement and declared that the Employer had violated the agreement, upholding the grievances.

The employer raised a preliminary objection regarding the timeliness of a grievance alleging workplace harassment and a poisoned work environment.

The union argued the grievance was of a continuing nature, the triggering event was when the grievor went on sick leave, and alternatively, the time limits should be extended under s. 48(16) of the Labour Relations Act due to the grievor's medical incapacity.

The Grievance Settlement Board found the grievance was not continuing and the triggering event was the last alleged incident of harassment.

After hearing medical evidence, the Board concluded the grievor's anxiety and depression did not render him unable to file a timely grievance.

The employer's preliminary motion was upheld and the grievance was dismissed.

Approximately 170 grievances were filed by Correctional Officers alleging that the Minister of Community Safety and Correctional Services poisoned their work and home environment through public comments.

The grievors sought a public apology, the Minister's resignation, and financial compensation.

The Grievance Settlement Board dismissed the grievances, finding no evidence of a poisoned environment and no violation of the Collective Agreement.

The union filed grievances on behalf of a correctional officer alleging that the employer's Attendance Support and Management Program violated the collective agreement and the Human Rights Code.

The grievor argued that because the program was not based on the calendar year, it had the potential to disadvantage him and discriminate on the basis of disability.

The arbitrator noted the grievor's concession that no disadvantage had actually occurred yet.

Finding no violation of the collective agreement, the arbitrator dismissed the grievances.

The grievor, a Correctional Officer, filed a grievance alleging exposure to second hand smoke in the workplace and sought compensatory damages for health impacts.

The employer raised a preliminary objection, arguing the Grievance Settlement Board lacked jurisdiction to award such damages.

The Vice-Chair agreed, citing binding precedent that claims for compensation and damages for workplace injuries fall under the exclusive jurisdiction of the Worker's Safety Insurance Act.

The requested remedy was therefore outside the Board's jurisdiction.

The Union filed grievances alleging the Employer failed to address workplace harassment and bullying against the grievor, seeking compensatory damages for mental distress.

The Employer brought a preliminary motion arguing the Grievance Settlement Board lacked jurisdiction to award such damages because the grievor's mental distress constituted an injury compensable under the Workplace Safety and Insurance Act (WSIA).

Relying on previous WSIAT decisions that found the WSIA's restrictions on mental stress claims unconstitutional, the Vice-Chair agreed that the grievor's claim for mental distress resulting from workplace harassment was a compensable injury under the WSIA.

Consequently, the Board upheld the Employer's preliminary objection, ruling it had no jurisdiction to award the requested damages.

The grievor, a fixed-term Correctional Officer, filed a grievance alleging the employer violated the collective agreement by ordering her to sign an incident report she did not author following a serious medical incident.

The matter proceeded through an Expedited Mediation-Arbitration process.

The arbitrator noted that while individuals should be allowed to author their own reports, there was no violation of the collective agreement.

The grievance was denied.

The union filed two grievances on behalf of the grievor.

The first grievance alleged the employer violated the collective agreement by failing to provide advance notice of a wage garnishment for a student loan.

The second grievance alleged improper placement and delayed notification of removal from the Attendance Support Management Program (ASMPP).

The arbitrator, issuing a decision under the Expedited Mediation-Arbitration Protocol, found no violation of the collective agreement in either instance.

Both grievances were denied, though the arbitrator noted the employer should have promptly notified the grievor of her removal from the ASMPP.

The Employer brought a motion to dismiss two grievances after the grievor failed to attend two scheduled med/arb sessions and subsequently failed to comply with a Board order to provide particulars.

The Union argued the grievor's non-compliance was due to an extended sick leave.

The Board found the grievor had two full months to comply before her sick leave began and failed to do so or request an extension.

The Employer's motion was granted and the grievances were dismissed.

During a conference call to report on mediation progress, the parties agreed that litigation would likely be necessary.

The Employer requested an order for particulars, which the Vice-Chair granted, directing the Union to provide particulars of the grievance by April 21, 2017.

The grievor, a Correctional Officer, sought to have his past fixed-term service with the Ministry of Natural Resources recognized for his Continuous Service Date after rolling over into classified status with the Ministry of Community Safety and Correctional Services.

The Employer argued that a 15-month break in service between the two contracts precluded this recognition.

The Grievance Settlement Board agreed with the Employer, finding that the break in service meant the employment could not be considered continuous, and dismissed the grievance.

The grievor, a fixed-term Correctional Officer, filed a grievance alleging the Employer violated the Collective Agreement by failing to roll him over into classified status pursuant to a February 2013 Memorandum of Agreement.

The Grievance Settlement Board dismissed the grievance, finding that the grievor did not respond to the posted Expression of Interest and, in any event, did not have the necessary seniority hours to qualify for the roll-over at that time.

The grievor was subsequently rolled over in a later exercise.

The union filed a grievance regarding an incident where a boot was moved to a garbage area and a video of the event was subsequently disclosed to a bargaining unit member.

The matter proceeded through an expedited mediation-arbitration process.

The arbitrator found no violation of the collective agreement, although noting the employer was ill-advised to release the video.

The grievance was denied.

The union filed grievances on behalf of two employees alleging the employer violated the collective agreement by failing to adhere to its own policies and procedures following an incident involving an inmate threat.

The matter proceeded through an expedited mediation-arbitration process.

The arbitrator upheld the grievance, ordering the employer to comply with the Institutional Policy and Procedures Manual pertaining to threats against employees, determine appropriate offender relocation when threats are confirmed, and ensure threatened employees are kept informed of proceedings.

The parties engaged in a Med-Arb process to resolve outstanding overtime grievances filed by Correctional Officers at various institutions.

The Vice-Chair issued a decision detailing the disposition of numerous grievances, with some being upheld and others dismissed.

Any monies owing to individual grievors were ordered to be paid at the appropriate overtime rate less statutory deductions.

The grievor, a housekeeper at the Toronto South Detention Centre, received a three-day suspension for subjecting a colleague to harassment, following a previous letter of reprimand for similar conduct.

The union filed a grievance asserting the discipline was without just cause.

The Grievance Settlement Board found that while discipline was justified, the three-day suspension was too severe.

The grievance was upheld in part, and the suspension was reduced to one day with compensation for the remaining two days.

A group of fixed-term correctional officers filed a grievance alleging the Employer violated the collective agreement by changing their holiday work schedules without verbal confirmation.

The Employer did not dispute the lack of personal contact but argued against the requested compensation.

The Grievance Settlement Board found the Employer breached its obligations under the collective agreement regarding schedule changes.

However, the Board declined to award the requested compensatory penalty, noting the parties had not negotiated a penalty for this specific violation.

The grievor, a fixed term Correctional Officer who previously worked as a full-time OAG 8, filed a grievance alleging the employer violated the collective agreement by failing to credit her hours worked as an OAG 8 toward her Correctional Officer position for the purpose of upcoming roll-overs to regular classified status.

The Grievance Settlement Board dismissed the grievance, finding nothing in the collective agreement or other agreements between the parties that entitled the grievor to have hours and service from her OAG position applied to her newly obtained Correctional Officer position.