Janice Johnston

The Association filed two disputes challenging the employer's decision to reduce the performance standard for completing investigations from 110 days to 90 days, and a blanket prohibition on teleworking more than one day a week.

The employer raised a preliminary objection to the Board's jurisdiction to hear the first dispute, arguing it was a free-standing challenge to management rights.

The Association brought a motion requesting the employer proceed first with its evidence.

The Arbitrator dismissed the employer's jurisdictional objection, finding the dispute raised issues tied to merit pay under the collective agreement.

The Arbitrator also dismissed the Association's motion, ruling that the union must proceed first to establish a prima facie case in accordance with the Board's general practice.

The union filed a grievance regarding the employer's failure to comply with Minutes of Settlement signed in October 2014.

The employer conceded that it breached the settlement by failing to provide the agreed-upon training in human rights, equity, diversity, workplace violence, harassment, and bullying within the twelve-month timeline.

The Grievance Settlement Board noted the employer's commitment to training and remained seized of any interpretation issues.

The parties participated in an expedited mediation-arbitration process regarding multiple grievances.

Ten grievances alleged the grievor was inappropriately refused overtime because he was on modified work duties due to a disability.

The Vice-Chair directed the employer to provide ten attendance credits as a compromise settlement.

Two grievances alleging harassment were dismissed.

A grievance regarding a three-day suspension was upheld in part, with the suspension reduced to one day and the employer directed to reimburse the grievor for two days' pay.

The union filed grievances regarding two letters of reprimand issued to the grievor.

The matter proceeded via expedited mediation-arbitration.

The arbitrator directed the employer to remove the first letter of reprimand from the grievor's file, as it was more than three years old and could no longer be used in subsequent disciplinary proceedings pursuant to the collective agreement.

The arbitrator directed the employer to convert the second letter of reprimand to a letter of counsel given the length of time that had passed since it was issued.

The grievances were upheld in part.

The grievor filed a grievance claiming improper pay while on an acting assignment.

The parties participated in an expedited mediation-arbitration process.

The Vice-Chair found that the grievance was filed almost one and one half years after the events giving rise to it.

The grievance was dismissed as clearly out of time.

The employer brought a motion to dismiss the grievances of four individuals, which the union opposed.

Following submissions, the Vice-Chair directed the employer to pay $500 to the union's counsel in trust and dismissed all issues raised in the grievances.

The remaining hearing dates were cancelled.

The union filed a grievance alleging the employer violated confidentiality by making the grievor's personal information available to coworkers in a shared IT resource.

The matter proceeded via expedited mediation-arbitration.

The arbitrator directed the employer to pay the grievor $250 in damages and dismissed the grievance.

The grievor filed a grievance alleging the employer discriminated against her by refusing to place her on the rotational list to backfill the assistant scheduling officer position, and retaliated against her for exercising a right under the Respectful Workplace Policy.

The matter proceeded via expedited mediation-arbitration.

The Vice-Chair dismissed the grievance, finding the grievor failed to establish a violation of the collective agreement.

The union alleged that the employer breached the original Minutes of Settlement regarding a phased retirement arrangement by changing the grievor's Post-Retirement Benefits (PRB).

The employer argued that the issue was resolved by a subsequent corporate Memorandum of Settlement that addressed all outstanding matters related to PRB changes.

The Grievance Settlement Board found that the corporate settlement's broad release and entire agreement clauses covered the grievor's situation, as the original settlement was silent on PRB.

The union's request for production of documents to support an allegation of bad faith was dismissed as a fishing expedition.

The union filed multiple grievances alleging that the grievor was improperly denied overtime on nineteen shifts because he was on modified work duties.

The matter proceeded through an expedited mediation-arbitration process.

The employer conceded that the grievor could have performed overtime work on nine of the dates.

The arbitrator concluded that the grievor should be compensated for an additional two shifts, awarding a total of 64 hours of overtime pay.

The grievor filed a grievance claiming he was assaulted by an inmate and that the employer failed to comply with the Institutional Policy and Procedures Manual regarding threats against employees.

The parties participated in an Expedited Mediation-Arbitration process.

The Vice-Chair directed the employer to comply with the policy, specifically requiring the superintendent or designate to determine whether to transfer or internally relocate an offender when a threat is confirmed, and to make this decision as quickly as feasible.

The union filed a grievance alleging the grievor was improperly denied vacation time.

The matter proceeded via an expedited mediation-arbitration process.

The Grievance Settlement Board directed the employer to comply with the requirements of the vacation protocol.

The union filed a grievance alleging the employer violated the collective agreement by declaring the grievor AWOL and issuing a letter of reprimand when she did not report to work after requesting time off to care for her spouse following knee surgery.

The matter proceeded via expedited mediation-arbitration.

The arbitrator found the employer's actions violated the collective agreement, noting that disciplining the employee in these circumstances was heavy-handed.

The grievance was allowed and the employer was directed to immediately remove the letter of reprimand from the grievor's file.

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

The parties participated in an expedited mediation-arbitration process.

The arbitrator directed the employer to comply with the requirements of the vacation protocol.

The grievor filed a grievance claiming he was assaulted by an inmate and the employer failed to comply with the Institutional Policy and Procedures Manual regarding threats against employees.

The parties participated in an Expedited Mediation-Arbitration process.

The Vice-Chair directed the employer to comply with the policy, specifically requiring the superintendent or designate to determine whether to transfer or internally relocate an offender when a threat is confirmed, and to make this decision as quickly as feasible.

The union filed a grievance challenging a three-day suspension issued to the grievor.

The matter proceeded through an expedited mediation-arbitration process.

The Vice-Chair found that, given the grievor already had a one-day suspension on file for similar conduct, the three-day suspension was not unreasonable in the circumstances.

The grievance was dismissed.

The grievor filed a grievance claiming he was improperly issued a written reprimand for allegedly refusing to follow a direct order and sought payment for nine hours of lost time after being sent home.

The parties participated in an Expedited Mediation-Arbitration process.

The letter of reprimand was removed from the grievor's file.

The Vice-Chair declined to direct the employer to reimburse the grievor for the lost time and dismissed the grievance.

The grievor, a correctional services employee, filed a grievance alleging he was assaulted by an inmate and that the employer failed to comply with the Institutional Policy and Procedures Manual regarding threats against employees.

The matter proceeded via an expedited mediation-arbitration process.

The Vice-Chair directed the employer to comply with the policy, specifically requiring the superintendent or designate to determine whether to transfer the offender to another facility or relocate them internally to maintain staff safety.

The union filed a grievance on behalf of the grievor, claiming the employer violated the collective agreement in its calculation of her vacation pay and lieu time.

The parties participated in an expedited mediation-arbitration process.

The arbitrator directed the employer to pay the grievor 22 hours of pay at the straight time hourly rate.

The union filed a grievance alleging that the employer violated the collective agreement by paying a temporary Community Corrections Officer for a 40-hour work week while the grievor, classified as a Rehabilitation Officer, was paid for a 37-hour work week.

The matter proceeded through an expedited mediation-arbitration process.

The arbitrator found no breach of the collective agreement, noting that the temporary position was filled by a Corrections Officer who normally worked and was paid for a 40-hour week.

The grievance was dismissed.