Gerry Lee

The union filed a group grievance on behalf of seasonal employees regarding overtime equalization.

The union argued that after full-time employees were offered a first overtime shift, the second consecutive overtime shift should have been offered to seasonal employees before being offered to full-time employees.

The employer relied on the collective agreement, which required overtime to be offered first to full-time employees on a rotational basis, and a memorandum of agreement that prevented employees from working more than two full shifts in a 24-hour period.

The arbitrator dismissed the grievance.

The Union grieved that a casual employee was not called in for four shifts, alleging the Employer bypassed him for an employee with less seniority.

The Employer provided records showing the Grievor was called in sequential order and had accepted other shifts during the same period.

Following a mediation-arbitration session, the Vice-Chair dismissed the grievance based on the documentary evidence.

The union and the grievor alleged that the employer breached a Memorandum of Settlement by delaying the issuance of a Record of Employment (ROE) to the Federal Government following a lump sum payment.

The union claimed this delay negatively impacted the grievor's ability to collect Employment Insurance benefits.

The Vice-Chair dismissed the claim, finding that the settlement document contained no reference to an ROE, and therefore the delay could not constitute a breach of the settlement.

The union filed a grievance claiming the grievor was entitled to double time pay for working overtime on a Saturday, arguing it was his second consecutive day of overtime.

The employer maintained that because the grievor worked his regular shift between the two periods of overtime, he did not work two consecutive overtime shifts and was only entitled to time and one half.

The arbitrator dismissed the grievance in a bottom-line decision.

The union filed a grievance on behalf of an operator who claimed he should have been offered an overtime shift when two dayshift operators attended a training course.

The employer had assigned a temporary worker to cover the shift at the operator rate of pay to avoid scheduling the grievor for a double shift and paying overtime.

Following a mediation-arbitration session, the arbitrator issued a bottom-line decision dismissing the grievance.

The parties engaged in mediation-arbitration regarding several grievances filed by the grievor concerning health and safety, non-disciplinary letters of counsel, and other matters.

A tentative settlement was reached and orally agreed to by all parties, including the grievor.

Due to a clerical error, the document was redrafted, but the grievor left before signing it.

The following day, the grievor refused to sign the settlement without providing a reason.

The Vice-Chair determined it was appropriate to make the oral settlement an order of the Board, resolving all grievances by adjusting the grievor's vacation bank, rescinding a mandatory medical note requirement, and confirming that non-disciplinary letters of counsel are not kept in the grievor's corporate file.

The union grieved a ten-day suspension and final warning imposed on the grievor for acting in an aggressive and intimidating manner towards a co-worker.

The employer relied on the grievor's prior disciplinary record for similar conduct.

The parties requested a 'without precedent' decision with no reasons.

The arbitrator allowed the grievance in part, reducing the penalty to a five-day suspension and ordering the employer to compensate the grievor for five days' pay.

The union filed a grievance alleging that the employer violated the collective agreement by failing to offer overtime to the grievors before assigning it to temporary agency workers.

The employer maintained that the grievors normally worked the day shift, whereas the overtime in question was an extension of the night shift, and that its distribution method was consistent with long-standing practice.

The parties requested a without-precedent decision with no reasons.

The arbitrator found no violation of the collective agreement and dismissed the grievance.

The union filed grievances alleging that the employer violated the overtime provisions of the collective agreement by failing to offer the grievor overtime opportunities on several occasions.

The parties referred the matter to mediation/arbitration and requested a without precedent decision with no reasons.

The arbitrator found no violation of the collective agreement and dismissed the grievances.

The parties referred a grievance to mediation/arbitration regarding four Letters of Counsel issued to the grievor for failure to report, punctuality/sign-in requirements, and inappropriate conduct.

The parties requested a 'without precedent' decision with no reasons.

The arbitrator concluded that the employer had sufficient cause to discipline the grievor and dismissed the grievance.

The union grieved a written reprimand issued to the grievor for returning late from his meal break.

The parties referred the matter to mediation/arbitration and requested a without precedent decision with no reasons.

The arbitrator concluded the employer had sufficient cause to discipline the grievor and dismissed the grievances.

The union grieved a Letter of Counsel issued to the grievor for making inappropriate comments to a fellow employee.

The parties referred the matter to mediation/arbitration and requested a without-precedent decision with no reasons.

The arbitrator concluded the employer had sufficient cause to discipline the grievor and dismissed the grievance.

The union filed a grievance alleging the employer failed to appoint the grievor to a temporary vacancy in the Warehouse Foreman/Woman classification, contrary to the collective agreement.

The employer argued the grievor, classified as a Clerk Grade 3, was not in the same class series as required by the agreement for temporary appointments.

The parties requested a without-precedent decision with no reasons.

The arbitrator found no violation of the collective agreement and dismissed the grievance.

The union filed a grievance alleging that the employer violated the collective agreement by failing to offer overtime to the grievors.

The employer maintained that the overtime was a continuation of the day shift and was properly offered to day shift employees.

The parties requested a without precedent decision with no reasons.

The arbitrator found no violation of the collective agreement and dismissed the grievance.

The grievor was terminated for intimidating and verbally and physically assaulting employees at the London Retail Service Centre.

The parties referred the grievance to mediation/arbitration and requested a without precedent decision with no reasons.

The arbitrator found that while the discharge would ordinarily be upheld, the grievor's clear disciplinary record and willingness to seek counselling warranted reinstatement on strict terms.

The grievance was allowed, and the grievor was reinstated without back pay, subject to conditions including mandatory anger management counselling, a written apology, and a two-year strict discipline condition regarding workplace violence.

The union filed a group grievance alleging the employer violated the collective agreement regarding the rate of pay for Stationary Engineers.

The parties had previously entered into a Letter of Agreement that explicitly constituted a complete and final settlement of all matters raised on this issue.

Finding no evidence that the employer failed to comply with the settlement terms, the arbitrator dismissed the grievance.

The parties engaged in a mediation/arbitration process to resolve outstanding disputes following a 54-day strike and the negotiation of a new collective agreement.

Several issues regarding benefits coverage, including generic drugs, social work services, and dental care, were resolved on consent.

The arbitrator issued a decision without reasons on the remaining issues, directing the union to cease and desist from engaging in reprisals against employees who worked during the strike, in accordance with the Return to Work Protocol.

The remaining grievances regarding pay rate calculation, chiropractic services, out-of-country coverage, and over-the-counter drugs were dismissed.

The union filed a group grievance alleging that the employer violated articles 6 and 38 of the collective agreement regarding the staffing complement utilized on July 2, 2001.

The parties referred the matter to mediation/arbitration and requested a without precedent decision with no reasons.

The arbitrator found no violation of the collective agreement and dismissed the grievance.

The union filed multiple grievances alleging that the employer improperly assigned overtime.

The parties referred the grievances to mediation/arbitration and requested a without precedent decision with no reasons.

The Vice-Chair issued an award granting compensating hours to each of the grievors, to be paid at straight time minus regular deductions.

The union filed grievances alleging that the employer violated article 21 of the collective agreement by failing to replace staff transferred between stores within the same geographical area.

The parties referred the matter to mediation/arbitration and requested a without precedent decision with no reasons.

The arbitrator found no violation of the collective agreement and dismissed the grievances.