Janice Johnston

The union filed a grievance alleging harassment, bullying, and a poisonous work environment following an organizational change that altered the grievor's reporting relationship and daily duties.

After mediation failed, the employer raised a preliminary objection that the union failed to establish a prima facie breach of the collective agreement.

The arbitrator reviewed the union's statement of particulars and found that most of the allegations, including changes to duties and micro-management, did not constitute a violation of the collective agreement.

The arbitrator ordered the union to provide further particulars regarding specific comments allegedly made by a manager before determining whether to dismiss the grievance.

The union requested a six-month adjournment to provide a will say statement detailing the employer's alleged misconduct, as the grievor was medically unable to participate.

The employer requested the grievance be dismissed due to the failure to meet the extended deadline for the will say statement.

The arbitrator granted the union a six-month extension to provide the required statement, noting that if the union failed to do so, the employer could renew its request for dismissal.

The Grievance Settlement Board directed the union to produce medical documentation regarding the grievor's ability to provide a will-say statement by a specified deadline.

The employer reserved the right to bring a motion to dismiss the grievance if the union failed to comply.

The grievor had previously been granted accommodation to participate in the arbitration hearing via teleconference due to medical reasons.

In a subsequent interim decision, the arbitrator directed the grievor to attend the union's office to continue her teleconference participation so that the employer could complete its cross-examination.

The grievor provided a medical note indicating she was unable to comply with this direction.

To ensure a full and fair hearing, the arbitrator adjourned the matter for six months or until the grievor is fit to attend the union's office, with the possibility of dismissing the grievances if she remains unable to continue.

The parties disputed the interpretation of Minutes of Settlement regarding the grievor's entitlement to reimbursement for travel expenses incurred prior to the settlement.

The Association argued the expenses were not addressed in the settlement, while the Employer argued the settlement resolved all outstanding issues.

The Arbitrator directed the Employer to reimburse the grievor $1445.95 for travel expenses.

In an ongoing grievance arbitration involving allegations of harassment and unjust dismissal, the grievor had previously been granted an accommodation to participate via teleconference due to medical reasons.

During cross-examination, the grievor was highly disruptive, argumentative, and rude.

The arbitrator determined that the current teleconference arrangement was no longer feasible.

To continue accommodating the grievor's medical needs while ensuring the hearing could proceed properly, the arbitrator ordered that the grievor may continue to participate via teleconference, but must do so from the union's office in the physical presence of her counsel.

The union requested an adjournment of a scheduled hearing because counsel was unable to meet a previously ordered deadline to provide a fully particularized will-say statement for the grievor.

The employer consented to the adjournment on the condition that a new deadline be set and that failure to meet it would allow the employer to bring a motion to dismiss the grievance.

The arbitrator granted the adjournment, ordered the union to provide the will-say statement by June 7, 2019, and noted that any failure to meet the new deadline would require compelling reasons to avoid dismissal of the grievance.

The union filed a grievance alleging the grievor was improperly denied consideration for a promotion to a foreperson position.

The matter proceeded via expedited mediation-arbitration.

The arbitrator found that the employer cancelled the competition and did not fill the position for legitimate operational reasons.

The arbitrator concluded there was no violation of the collective agreement and dismissed the grievance.

The union filed a grievance alleging ongoing harassment and discrimination.

The employer raised preliminary objections, arguing that a prior Memorandum of Settlement (MOS) signed on March 12, 2015, precluded reliance on any events prior to that date, and that allegations regarding the processing of the grievor's Long Term Income Protection (LTIP) claim fell within the exclusive jurisdiction of the Joint Insurance Benefits Review Committee (JIBRC).

The Arbitrator agreed with the employer on both points, finding the MOS settled all pre-signing matters and that the collective agreement conferred exclusive jurisdiction over LTIP disputes to JIBRC.

The union was directed to provide a fully particularized will-say statement for post-MOS allegations unrelated to the LTIP process.

The union filed a grievance alleging that the employer violated the Memorandum of Agreement on Overtime Equalization for Logistics Facilities by failing to canvass the grievor for overtime.

The matter proceeded via expedited mediation-arbitration.

The arbitrator concluded that the employer did not violate the collective agreement and dismissed the grievance.

The union filed a grievance alleging that the employer violated the Memorandum of Agreement on Overtime Equalization for Logistics Facilities by failing to canvass the grievor for overtime.

The matter proceeded via expedited mediation-arbitration.

The arbitrator concluded that the employer did not violate the collective agreement and dismissed the grievance.

The parties previously settled grievances alleging harassment and discrimination by signing Minutes of Settlement (MOS) that provided the grievor with a paid leave of absence until retirement.

The grievor subsequently claimed she was also entitled to severance pay.

The arbitrator held that the clear language of the MOS precluded any additional payments, noting the grievor had accepted the generous settlement terms with the assistance of her union representative.

The grievor's claim for additional compensation was dismissed.

The union filed a grievance alleging that the grievor was not appropriately scheduled hours of work according to his seniority and the collective agreement.

The matter proceeded via an expedited mediation-arbitration process.

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

The union filed four grievances on behalf of an employee who was assaulted by an inmate.

Two grievances claimed damages for a period while the employee was on WSIB, which the arbitrator dismissed based on prior jurisprudence.

The other two grievances alleged the employer failed to comply with workplace violence policies.

The arbitrator upheld these in part, directing the employer to comply with the policies and determine whether to transfer or internally relocate an offender when a threat or assault is confirmed.

The parties participated in an expedited mediation-arbitration process.

Six grievances remained unresolved and required a decision.

The arbitrator granted the grievor's request for a three-year leave of absence without pay, at no cost to the employer.

The union filed a grievance alleging the employer failed to provide a safe working environment and sought damages.

The matter proceeded through an expedited mediation-arbitration process.

The arbitrator found the employer's conduct was in accordance with standard practice and dismissed the grievance without reasons, as per the negotiated protocol.

The union brought two grievances on behalf of the grievor under an expedited mediation-arbitration process.

The first grievance sought the removal of a comment from the grievor's 2015 performance review; it was dismissed because the comment did not affect the rating.

The second grievance challenged a five-day suspension for unsafe and inappropriate behaviour.

The arbitrator found the conduct dangerous and inappropriate but the penalty excessive, reducing the suspension to two days and ordering compensation for the remaining three days.

The grievor, a fixed-term employee with no sick leave entitlements, missed three days of work due to a hip injury and requested paid Special and Compassionate Leave under the collective agreement.

The employer requested documentation to substantiate the grievor's claim that the unpaid absence would cause financial hardship.

The grievor obtained a bank statement but refused to provide it to the employer, citing privacy concerns.

The employer subsequently denied the leave request.

The arbitrator dismissed the grievance, finding that the employer was entitled to request information supporting the leave and that its decision to deny the request based on the information provided was not unreasonable.

The union grieved a letter of reprimand issued to the grievor for failing to attend work on three scheduled shifts.

The arbitrator found that the grievor's absence on one of the dates was due to a misunderstanding regarding approval, and ordered the reprimand amended to delete reference to that date.

However, the arbitrator upheld the reprimand for the other two dates, as the employer established that the grievor's vacation request had been denied and the grievor could not produce documentation showing compensating leave had been approved.

The grievance was upheld in part.

The union filed a grievance on behalf of the local union president regarding presidential leave.

The grievor submitted a request for leave for the last four hours of a shift, which was approved, but due to a clerical error, he was not informed of the approval.

Although told on the day that he could take the time off, he was uncomfortable doing so and subsequently requested eight hours of overtime as a remedy.

The arbitrator found that overtime was not an appropriate remedy but directed the employer to return a copy of the approved leave form to the grievor in the future to prevent similar issues.