Heather Ann McConnell

Five grievors, employed as youth service officers, applied for and accepted verbal offers for correctional supervisor positions.

The Employer subsequently rescinded the offers upon discovering the grievors lacked foundational training for adult correctional officers.

The Arbitrator found the accepted offers were binding on the Employer.

The grievances were allowed, and the Employer was ordered to review the grievors' training records, provide necessary foundational training, and offer them the next available corresponding vacancies.

The Employer brought preliminary motions to strike portions of the Union's particulars and to dismiss the grievances for failing to make out a prima facie case.

The grievances alleged the Employer violated the collective agreement by failing to convert the grievor to a permanent position at the Milton Courthouse and by recalling her to the Brampton Courthouse.

The Employer argued the Union impermissibly expanded the scope of the grievances by alleging reprisal and discrimination related to the grievor's sick leave and health and safety complaints.

The Arbitrator dismissed the motions, finding the grievances incorporated the conversion clause by reference and established a prima facie case.

The Arbitrator also held that the allegations of reprisal and discrimination were not an improper change in grounds, as they were relevant to whether the Employer exercised its management rights reasonably, and there was no prejudice to the Employer.

The grievor, a probationary employee terminated for allegedly violating the employer's Aeroplan Reward Miles Policy, failed to attend his scheduled termination grievance hearing.

The Board granted an adjournment to allow the grievor to provide an explanation for his absence.

When the grievor failed to respond to the Union's subsequent communications or provide any explanation by the Board's deadline, the Board concluded that the grievor no longer wished to pursue his grievance and dismissed it.

The grievor failed to attend his scheduled termination grievance hearing despite receiving notice and confirming his intention to pursue the grievance with his union representative.

The employer requested that the grievance be dismissed.

The arbitrator directed the grievor to provide an explanation for his non-attendance to the union by a specified date, failing which the grievance would be dismissed.

The grievor failed to attend a scheduled grievance arbitration hearing.

The Grievance Settlement Board provided the grievor with an opportunity to explain his non-attendance, but he failed to respond by the deadline.

The Board found that the grievor was appropriately notified of the hearing and had demonstrated a disregard for the arbitration process.

Consequently, the grievances were dismissed.

The grievor failed to attend a scheduled grievance arbitration hearing despite receiving notice and reminders from the union.

The employer requested that the grievances be dismissed outright due to the grievor's non-attendance.

The union requested that another hearing date be set with an explicit warning to the grievor.

The arbitrator declined to dismiss the grievances immediately, instead directing the grievor to provide a valid explanation for his non-attendance by a specified deadline, failing which the grievances would be dismissed.