Janice Johnston

The union grieved a five-day suspension imposed on the grievor for an accident that occurred while operating equipment in the warehouse.

The parties participated in an expedited mediation-arbitration process.

After reviewing video surveillance of the incident and speaking with the parties, the arbitrator concluded that the suspension was for just cause.

The grievance was dismissed.

The union filed a grievance on behalf of an employee who received a Letter of Expectation, seeking its removal from the employee's file.

The matter proceeded to expedited mediation-arbitration.

The arbitrator dismissed the grievance, holding that Letters of Expectation are not disciplinary in nature and therefore cannot be grieved under the collective agreement.

Five grievors were terminated by Metrolinx for engaging in workplace sexual harassment contrary to the employer's policy.

The union grieved the terminations.

Following an earlier arbitration award that was quashed by the Divisional Court and upheld by the Court of Appeal, the matter was remitted to a new arbitrator.

Proceeding via mediation-arbitration under section 50 of the Labour Relations Act, the arbitrator found the grievors' conduct egregious and deserving of significant discipline.

However, considering their apologies, regret, and seniority, the arbitrator concluded termination was excessive and ordered reinstatement with four- and five-week suspensions substituted.

The union filed a grievance after the employer docked the grievor's pay for arriving late to work due to traffic.

The missed time was less than fifteen minutes.

The employer maintained that the grievor could have used emergency leave under the collective agreement to avoid losing pay, though this required a minimum of two hours.

The arbitrator found that the employer's practice had been consistently applied and that there was no breach of the collective agreement.

The grievance was dismissed.

The grievor contested a performance appraisal and claimed harassment and discrimination contrary to the collective agreement.

The parties participated in an expedited mediation-arbitration process.

The arbitrator found no evidence of harassment, discrimination, or any violation of the collective agreement by the employer.

The grievance was dismissed.

The union filed grievances on behalf of the grievor requesting the removal of a Letter of Counsel from his employee file.

The matter proceeded through an expedited mediation-arbitration process.

The arbitrator dismissed the grievances, finding that letters of counsel are not disciplinary in nature and are therefore not grievable, meaning no violation of the collective agreement occurred.

The union filed a grievance on behalf of the grievor alleging that the employer's investigation into a complaint he had filed was not handled properly.

The matter proceeded to an expedited mediation-arbitration process.

The arbitrator found that the investigative process was not flawed and was reasonable in all the circumstances.

The grievance was dismissed.

The union filed a grievance alleging that the employer violated the collective agreement when it denied the grievor a requested work assignment, which led to the grievor becoming upset, leaving the workplace, and using an attendance credit.

The matter proceeded to an expedited mediation-arbitration process.

The arbitrator reviewed the facts and submissions and concluded that no violation of the collective agreement occurred.

The grievance was dismissed.

The grievor filed two grievances claiming he should have been assigned forklift work on an overtime shift instead of an employee with less seniority who normally performed the work on the night shift.

The matter proceeded via expedited mediation-arbitration.

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

Following a Divisional Court decision quashing a previous arbitrator's ruling and remitting the matter back to the Grievance Settlement Board, a dispute arose regarding scheduling.

The employer sought to condition the scheduling of new dates on the completion of any potential appeal to the Court of Appeal.

The union argued for scheduling dates in the normal course, with adjournment requests to be handled later if necessary.

The arbitrator agreed with the union and directed that dates be scheduled in the normal fashion.

The union filed a grievance alleging that the employer violated the grievor's rights under the Ontario Human Rights Code, the collective agreement, and employer policies.

The parties participated in an expedited mediation-arbitration process.

The arbitrator upheld the grievance in part and directed the employer to pay the grievor $500 minus statutory deductions.

The union filed a grievance on behalf of the grievor alleging that the employer violated his rights and engaged in harassment.

The matter proceeded to an expedited mediation-arbitration process under the collective agreement.

The arbitrator reviewed the facts and submissions and concluded that there was no violation of the collective agreement.

The grievance was dismissed.

The union filed a grievance alleging that the employer violated the grievor's rights under Bill 168 and the collective agreement.

The parties participated in an expedited mediation-arbitration process.

The arbitrator upheld the grievance in part and directed the employer to pay the grievor $600.

The Union filed grievances alleging that the grievors were temporarily assigned to perform the duties of a higher-rated Community Re-Integration Officer position, seeking compensation under the collective agreement.

The Employer raised a preliminary objection, arguing that the grievances were disguised classification grievances over which the Grievance Settlement Board lacks jurisdiction under the Crown Employees Collective Bargaining Act.

The Arbitrator upheld the preliminary objection, finding that the core issue was an assertion that the duties of the higher-rated position duplicated the grievors' current duties, which requires an analysis of classification.

The grievances were dismissed for lack of jurisdiction.

The union brought four grievances to an expedited mediation-arbitration process under the collective agreement.

The grievances concerned a job posting, a claim for reimbursement of sick time, and a one-day disciplinary suspension.

The arbitrator reduced the one-day suspension to a written reprimand with compensation for the lost day's pay, ordered the employer to reimburse the grievor for eight sick days, and dismissed the grievance regarding the job posting.

The Union filed a grievance claiming that the Employer assigned an incorrect seniority date to the Grievor.

The matter proceeded through an expedited Mediation-Arbitration process under the collective agreement.

The Arbitrator determined that it was appropriate to amend the Grievor's appointment date to September 21, 2022.

Prior to the hearing of a discharge grievance, the union requested the production of an investigation report and related materials.

The arbitrator ordered the employer to produce the investigation report, appendices, and all non-privileged materials to the union, subject to strict confidentiality conditions regarding electronic distribution, copying, and sharing with the grievor.

The union filed a grievance alleging the employer failed to offer the grievor overtime between October 2020 and March 2021.

The parties participated in an expedited mediation-arbitration process.

The employer reviewed the overtime records and offered to pay the grievor $1,882.52 minus deductions.

The arbitrator concluded this was a fair payment and directed the employer to pay the amount.

The Union requested pre-hearing disclosure of an Investigation Report and related materials concerning allegations of misconduct by the grievor.

The Employer objected on the basis that the documents contained sensitive personal information and statements from individuals with an expectation of confidentiality.

The arbitrator ordered the Employer to produce the documents subject to strict confidentiality conditions, including restrictions on copying, sharing, and retaining the materials.

The union filed two grievances alleging that the employer failed to offer the grievor overtime on several dates.

At the time, the grievor had recently returned to work and was being accommodated for medical restrictions.

The arbitrator found that the grievor could have worked some of the overtime that was assigned to others.

The grievance was upheld in part, and the employer was directed to pay the grievor 16 hours at straight time.