Ian Anderson

The union grieved a seven-day suspension imposed on the grievor in 2020, alleging it was unjust or excessive.

The matter proceeded through the Expedited Mediation-Arbitration process.

The arbitrator found just cause for discipline but reduced the suspension to five days.

The Grievance Settlement Board issued a confidentiality order regarding medical records produced by the Union in a grievance arbitration.

The order restricted the use, copying, and circulation of the records to the purposes of the arbitration and required their destruction or return at the conclusion of the proceedings.

The Grievance Settlement Board held a pre-hearing case management conference call regarding six grievances referred under Article 22.16.1.

The Arbitrator issued directions for the expeditious and informal resolution of the grievances, setting deadlines for the exchange of documents, witness declarations, and a joint book of documents.

The hearing was scheduled for a single day with strict time limits for each party's case and oral evidence.

The parties appeared before the Grievance Settlement Board regarding a dispute over the installation and use of security cameras in correctional facility control modules, following a prior 2021 decision.

The Union sought to have cameras moved or their fields of vision altered, and indicated its intention to file a fresh grievance on the issue.

On consent of the parties, the Arbitrator adjourned the proceedings sine die to allow for the processing and consolidation of the new grievance.

The union grieved the employer's decision to limit remote work to a maximum of three days per week upon the return to the workplace following the COVID-19 pandemic.

The union argued this blanket rule violated the collective agreement by fettering the discretion of local managers to approve alternative work arrangements (AWAs) for up to four days of remote work, which had been the previously announced office standard.

The arbitrator found that while establishing an office standard is a valid exercise of management rights, the employer's memos effectively directed managers not to consider requests for AWAs in excess of the three-day remote work standard.

This constituted an improper fettering of the managers' obligation under the collective agreement to consider AWA requests in good faith.

The grievance was allowed, and the employer was ordered to advise managers to consider such requests in good faith, though the arbitrator declined to order the implementation of a four-day remote work standard.

The union filed a grievance alleging that the grievor's privacy rights were breached.

The matter proceeded through the expedited mediation-arbitration process.

The arbitrator found a breach of the collective agreement and awarded the grievor $250.00 in damages.

The union filed a grievance alleging that the grievor was improperly denied overtime.

The parties participated in an expedited mediation-arbitration process.

The arbitrator found no breach of the collective agreement and dismissed the grievance without reasons, in accordance with the negotiated protocol.

The union filed a grievance alleging the grievor was improperly denied special and compassionate leave.

The matter proceeded via expedited mediation-arbitration under the negotiated protocol.

The arbitrator found that the grievor was improperly denied the leave, but concluded that the grievor was not entitled to any compensation as a result.

The union filed a grievance alleging that the grievor was suspended for five days without just cause.

The matter proceeded through an expedited mediation-arbitration process.

The arbitrator found no breach of the collective agreement and dismissed the grievance without reasons, in accordance with the negotiated protocol.

At a case management hearing regarding a grievance alleging failure to accommodate a medical disability, the arbitrator ordered the Union to produce the grievor's relevant medical records and the Employer to produce its medical records related to the accommodation requests.

The arbitrator also issued a confidentiality order governing the use and dissemination of the produced medical records.

The union filed a grievance on behalf of a worker member of the joint health and safety committee, claiming he was entitled to be paid for five hours to write a workplace inspection report and half an hour for preparation time.

The employer had authorized and paid for two hours to write the report.

The arbitrator dismissed the grievance, finding that the Occupational Health and Safety Act only entitles a worker member to time that is objectively necessary to identify hazards and inform the committee.

The grievor's request for five hours to draft recommendations usurped the role of the committee as a whole and was not necessary under the Act.

The request for preparation time was also dismissed as unnecessary or de minimis.

The grievor, a correctional officer, was suspended and ultimately terminated for refusing to comply with the employer's COVID-19 Safe Workplace Directive, which required unvaccinated employees to undergo rapid antigen testing.

The grievor also claimed Short Term Sickness Plan benefits for a period during which he was absent due to his refusal to test, which the employer denied.

The arbitrator found that the grievor's refusal to test constituted insubordination and did not fall within the safety or privacy exceptions to the 'obey now, grieve later' rule.

The arbitrator also found that the grievor's claim for sick leave benefits was fraudulent.

The grievances challenging the suspension, the denial of sick leave benefits, and the termination were all dismissed.

The union filed a grievance alleging that the grievor was improperly denied placement on the wage grid at the time of hiring and improperly denied benefits under the Short Term Sickness Plan.

The matter proceeded through the expedited mediation-arbitration process.

The arbitrator found no breach of the collective agreement and dismissed the grievance without reasons, in accordance with the negotiated protocol.

The union filed a grievance alleging that the grievor's placement on the wage grid at the time of hiring was improper.

The matter proceeded through the Expedited Mediation-Arbitration process.

The arbitrator found no breach of the collective agreement and dismissed the grievance without reasons, in accordance with the negotiated protocol.

The union filed a grievance alleging an inequitable distribution of hours among Fixed Term Cooks at the North Bay Jail.

The matter proceeded through the Expedited Mediation-Arbitration process.

The arbitrator found no breach of the collective agreement and dismissed the grievance without reasons, in accordance with the negotiated protocol.

The parties engaged in settlement discussions regarding several grievances alleging harassment and discrimination.

The Employer sent an offer to resolve all outstanding grievances up to the date of settlement.

The Union responded with a counter-proposal seeking a larger payout but agreeing to the release of all grievances.

The Employer accepted the counter-proposal.

The Grievor later argued he only intended to settle specific grievances, not a subsequent one filed in July 2022.

The Arbitrator held that the objective words of the email exchange created a binding settlement of all grievances up to February 10, 2023, including the July 2022 grievance.

The Grievance Settlement Board issued case management directions for two consolidated grievances concerning an eight-day suspension and placement on unauthorized leave without pay for alleged failure to comply with the Ontario Public Service COVID-19 Safe Workplace Directive.

The arbitrator set a schedule for document production, witness notices, and the filing of a joint book of documents, and limited the hearing to one day with specific time allocations for each party.

The union filed a grievance alleging that an improper search was conducted.

The matter proceeded through the Expedited Mediation-Arbitration process.

The arbitrator found no breach of the collective agreement and dismissed the grievance without reasons, in accordance with the negotiated protocol.

The Union filed three grievances relating to a Joint Health and Safety Committee.

The first grievance alleged the employer arbitrarily directed which worker member should conduct a workplace inspection; the arbitrator found no evidence of this and dismissed the grievance.

The second grievance challenged a three-day suspension given to a worker member for insubordination after he conducted an inspection despite clear management directions not to do so; the arbitrator upheld the suspension, finding the worker was not entitled to ignore supervisory orders under the Occupational Health and Safety Act.

The third grievance sought paid time for committee members to review meeting minutes; the arbitrator dismissed this, finding the Act does not provide for such paid time outside of meeting preparation.

A previous decision allowed the grievance alleging the grievor was improperly denied Short Term Sickness Plan (STSP) benefits, and the arbitrator remained seized to determine the amount owing.

The grievor sought $6,008.00 in wages, $1,500 in damages, and 40 hours credited to her vacation bank.

The arbitrator ordered the employer to pay the grievor $4,508.92 in wages, subject to statutory deductions, and dismissed the claims for damages and vacation credits.