Felicity D. Briggs

The union filed grievances on behalf of a correctional officer claiming entitlement to travel time and mileage costs for overtime shifts worked at a different facility.

The grievor had accepted offers for overtime work providing escort service out of the Maplehurst Complex.

The arbitrator dismissed the grievances, finding that the collective agreement provisions for travel time and mileage only applied when an employee was 'required' to use their own vehicle or when travel outside working hours was 'authorized by the ministry.' Since the overtime was voluntarily accepted and not required, the provisions did not apply.

The Union sought an order for the disclosure of workload analysis information at the Maplehurst Complex, which the Employer had agreed to provide by March 31, 2004, pursuant to a Memorandum of Agreement.

The Employer had not yet disclosed the information.

The Vice-Chair ordered the Employer to disclose the information no later than June 16, 2004, to allow the Union to prepare for further discussions regarding ongoing transition and restructuring disputes.

The union filed a grievance on behalf of a casual correctional officer who was deemed an essential worker during a legal strike.

The grievor argued that because he was deemed essential during the strike, he should be converted to full-time status.

The Grievance Settlement Board dismissed the grievance, finding that the criteria for conversion to classified status are set out in the collective agreement and that being deemed essential during a strike has no bearing on an employee's status.

The grievor alleged that the employer failed to comply with a Memorandum of Settlement by paying him five and a half months of pay in lieu of notice instead of six months.

The employer argued that the agreement only required bridging to the grievor's pension date using the notice period, and that any remaining notice period is not paid out when the full six months are not required.

The Grievance Settlement Board agreed with the employer, finding that the notice period was properly utilized to reach the Factor 80 date in accordance with the agreement and usual practice.

The grievance was dismissed.

Several correctional officers filed grievances alleging that they were not treated fairly and equitably regarding continuous service date calculations.

The union and employer had previously agreed to a formula ensuring employees on pregnancy and parental leave would not be subject to adverse impact discrimination.

The grievors argued that because they were scheduled to work fewer hours as unclassified employees than the hours credited to employees on leave, the treatment was discriminatory.

The Grievance Settlement Board found the agreement was not discriminatory, as it ensured employees absent due to pregnancy and parental leave were not disadvantaged.

The grievances were denied.

The union filed grievances on behalf of several correctional officers alleging they were improperly denied severance pay and asserting they should receive the same terms as another employee who had settled an individual grievance.

The Grievance Settlement Board dismissed the grievances, finding that the employer was not obligated to apply a memorandum of settlement concerning an individual grievance to other employees, regardless of whether the settlement was 'without prejudice'.

The grievor, a Correctional Officer, filed a grievance alleging he should have been given a temporary plumber position at Sprucedale Youth Centre following the closure of Burtch Correctional Centre.

The grievor had previously held a temporary plumber position at Burtch for a year before returning to his home position as a Correctional Officer and transferring to Elgin Middlesex Detention Centre.

The Grievance Settlement Board dismissed the grievance, finding nothing in the collective agreement or the transition memoranda of settlement that entitled the grievor to a temporary plumber position.

Following a legal strike, the union filed several grievances alleging harassment and reprisal by management during the strike.

The parties had negotiated a Return to Work Protocol in which they agreed that there would be no reprisals, discrimination, or retaliation for any act arising out of participation in the strike.

The Grievance Settlement Board dismissed the grievances, finding that given the parties' agreement to forgive indiscretions and move forward without reprisal, it was neither helpful nor appropriate to hear the individual grievances.

The Union filed a grievance on behalf of a Fire Services Investigator 1, an emergency worker, alleging the Employer violated the Essential Services Agreement during a legal strike by directing staff to perform non-essential tasks.

The grievor sought reimbursement for lost wages and pension contributions for the strike period.

The Grievance Settlement Board dismissed the grievance, finding it lacked jurisdiction to retroactively alter the grievor's agreed-upon emergency designation and award pay for the strike period, regardless of whether the allegations were proven.

The Union filed a grievance on behalf of an essential worker who was denied three days of Special and Compassionate Leave during a legal strike.

The grievor had requested the leave to receive previously stored belongings after moving residences.

The Grievance Settlement Board dismissed the grievance, finding that the granting of such leave is at the Employer's discretion under the collective agreement, and it was not surprising or unreasonable for the Employer to deny the request given the reduced staffing levels during the work stoppage.

The grievors, unclassified Correctional Officers who were rolled over to classified service, grieved the Employer's decision to collapse their attendance credits without payout.

The Grievance Settlement Board dismissed the grievances, finding that under Article 31.A.8.1 of the collective agreement, unclassified employees have no right to transfer or payout of attendance credits upon moving to classified service unless the credits were earned prior to 1978.

The Memorandum of Agreement regarding roll-over also did not provide for such a benefit.

The Union filed grievances on behalf of two Human Resource Clerks alleging their positions should have been declared essential during a legal strike and that management personnel performed their work during and after the strike.

The Grievance Settlement Board dismissed the first grievance as inarbitrable, noting that essential service designations were agreed upon prior to the strike and retroactive designation would be inappropriate.

The second grievance was also dismissed because the Union failed to provide evidence contradicting the Employer's assertion that the work performed by management was not work normally performed by the grievors.

The grievor, a Correctional Officer, filed a grievance alleging the Employer violated the collective agreement by failing to grant his request for a lateral transfer on compassionate grounds.

The Grievance Settlement Board found that there is no automatic right to a lateral transfer under the collective agreement, and no such thing as a transfer based on compassionate grounds.

Furthermore, the grievor failed to renew his transfer request after one year as required.

The grievance was dismissed.

During a legal strike, the parties agreed to a Master Agreement for Essential Services that allowed the employer to schedule split shifts if only one person was available.

Two correctional officers grieved that they were entitled to travel time and mileage when required to work split shifts.

The Grievance Settlement Board dismissed the grievances, finding that clear language would be required to establish such an entitlement, and no such provision existed.

The grievor, a Rehabilitation Officer, was temporarily assigned to Maplehurst Correctional Complex instead of her planned move to Vanier Centre for Women due to operational requirements following facility closures.

She grieved that her posting was a de facto temporary assignment and sought travel time and mileage.

The Grievance Settlement Board upheld the grievance, finding the assignment was temporary and fell within the contemplation of Articles 13 and 14 of the collective agreement.

Following a legal strike, the parties negotiated a Return to Work Protocol and a Memorandum of Settlement regarding strike-related discipline grievances.

The Memorandum provided that no discipline would be taken for acts during the strike, references to discipline would be removed, and outstanding grievances not resolved would be referred to a Vice-Chair for final determination.

The Vice-Chair found that the grievances listed in Appendix A were deemed withdrawn in accordance with the settlement.

During a legal strike, essential and emergency workers at a correctional complex worked overtime and were paid for those hours.

The union filed a group grievance alleging the employer violated the collective agreement by refusing to allow the employees to bank their overtime hours as compensating time off, which was the normal past practice.

The Grievance Settlement Board dismissed the grievance, finding that the collective agreement requires mutual agreement to take overtime as compensating leave.

The Board held that the employer was within its rights to withhold agreement during a strike, as the essential services agreement explicitly stated it was not a 'business as usual' scenario.

The Union filed a grievance on behalf of two Correctional Officers claiming entitlement to travel time and mileage incurred when they were required to work split shifts during a legal strike.

The parties had negotiated a Master Agreement for Essential Services that allowed management to schedule split shifts if only one person was available.

The Grievance Settlement Board dismissed the grievance, finding that while the Employer could schedule split shifts under the Master Agreement, there was no clear language in the agreement entitling employees to travel time and mileage for such shifts.

The Union filed a strike-related grievance alleging the Employer violated the Essential Services Agreement by failing to place the grievor on the Emergency List due to accommodation issues.

The arbitrator dismissed the grievance, finding that a prior order had already directed the Employer to place the grievor on the list, and the Employer had complied with that order.

The union filed grievances on behalf of several employees who were in accommodated or modified work positions prior to a legal strike.

The employees alleged that the employer violated the collective agreement by failing to include them in the draw for essential and emergency workers.

The Grievance Settlement Board dismissed the grievances, finding that the accommodated positions were agreed to be non-essential, and the employer was under no obligation to schedule the employees in different assignments without updated medical information confirming their ability to perform essential duties.