Janice Johnston

The union filed a grievance alleging the employer violated the collective agreement and the Human Rights Code by using the grievor's preexisting medical condition to isolate him and refuse appropriate classification, resulting in lost overtime opportunities.

The parties participated in an expedited mediation-arbitration process.

The Vice-Chair directed the employer to pay the grievor 20 hours' pay at his regular rate, upholding the grievance in part.

The union filed a grievance alleging that the grievor, who was performing accommodated clerical duties on five-hour shifts, was improperly denied the opportunity to extend his shift to 7.5 hours on several occasions.

The union claimed 15 hours of lost pay, while the employer argued the missed opportunity was at most four hours.

In an expedited mediation-arbitration process, the arbitrator found that the grievor did miss the opportunity to work and directed the employer to pay him for eight hours at his applicable rate.

The grievor received a letter of reprimand for an unsafe act after operating a Transporter while a co-worker rode on the forks.

The union grieved the discipline through an expedited mediation-arbitration process.

The arbitrator found that while the reprimand was initially warranted, the grievor's acknowledgement of the conduct and assurance it would not recur justified its future removal.

The grievance was upheld in part, with the employer directed to remove the reprimand from the grievor's file on October 31, 2016.

In a mediation/arbitration concerning rest periods at the Hamilton-Wentworth Detention Centre, the Grievance Settlement Board issued a production order.

The parties were directed to produce all arguably relevant documents from January 2012 to December 2014, including calendar books, payroll records, overtime records, daily rosters, and sick time records.

The parties were also directed to meet and agree on a statement of facts.

The union alleged the employer breached Minutes of Settlement by failing to pay the grievor within the agreed 60-day timeframe.

The union requested an order declaring the breach, directing immediate payment with interest, and awarding $1,000 in damages for the breach.

The employer admitted the late payment but opposed the $1,000 damages claim, arguing the breach was a technical error without bad faith.

The Vice-Chair found the employer breached the settlement and ordered immediate payment with interest, but declined to award the $1,000 damages, noting it was too harsh for a first-time request while putting the employer on notice for future breaches.

In a discharge grievance, the parties agreed at the first hearing date that a production order was necessary.

The Grievance Settlement Board directed the Ministry to disclose and produce all arguably relevant documents in its possession.

The parties were also directed to discuss whether a subpoena was required for documents currently in the possession of the London Police Services.

The grievor filed a grievance alleging the Employer violated the collective agreement by denying her request for special and compassionate leave for last-minute wedding preparations.

The matter proceeded through an expedited mediation-arbitration process.

The Grievance Settlement Board denied the grievance, finding no violation of the collective agreement.

During a teleconference call regarding a grievance arbitration, the Grievance Settlement Board issued a consent order directing the Union to produce all arguably relevant documents, including medical reports, to the Employer by a specified date.

The union filed a grievance alleging the employer violated the collective agreement and the Ontario Human Rights Code by removing the grievor from her position due to medical concerns.

Following an expedited mediation-arbitration process, the Vice-Chair directed the employer to offer the grievor a temporary assignment as a Program Support Clerk and to give her fair consideration for future Inmate Records Clerk vacancies.

The employer was also directed to screen the grievor into a recent competition and grant her an interview.

The grievance was terminated.

The Grievance Settlement Board issued a decision directing the Employer to adjust the complainant's salary to $91,650, pay $4,000 in retroactive pay and $3,500 in damages, and remove a July 8, 2013 letter from the complainant's file.

The grievance was terminated.

The parties sought an interpretation of Minutes of Settlement signed in February 2014.

The arbitrator determined that the amount referred to in Paragraph 1(b) of the settlement is a retiring allowance and therefore not subject to Employment Insurance (EI) or Canada Pension Plan (CPP) deductions.

The employer was ordered to pay the grievor the outstanding sum of $1,961.03.

In a discharge grievance for innocent absenteeism, the Grievance Settlement Board issued interim directions requiring the grievor to attend Narcotics Anonymous and enroll in a minimum three-week residential treatment program.

The arbitration was adjourned pending the completion of the residential treatment, with the condition that failure to comply would result in the arbitration proceeding based on the evidence to date.

The union filed a group grievance raising health and safety concerns regarding light levels in the workplace.

During a mediation-arbitration, the Grievance Settlement Board issued an interim direction ordering the parties to contact the Ministry of Labour for clarification of a previous order regarding light levels.

In the interim, the Board directed that the workplace blinds be closed between 7:00 a.m. and 3:00 p.m.

The grievor filed multiple grievances alleging that the Employer violated the collective agreement by bypassing him for overtime opportunities at the Hamilton Wentworth Detention Centre.

The parties participated in an expedited mediation-arbitration process.

The Vice-Chair found no violation of the collective agreement and dismissed the grievances without reasons, in accordance with the negotiated protocol.

The grievor filed a grievance alleging unfair treatment and harassment due to his position in the local union, specifically regarding log entries he made pertaining to Diester rounds.

The parties participated in an Expedited Mediation-Arbitration process.

After considering the submissions, the Vice-Chair denied the grievance without reasons, in accordance with the negotiated protocol.

The union filed a grievance alleging that the employer inappropriately authorized a police investigation after a co-worker accused the grievor of assault.

The matter proceeded through the Expedited Mediation-Arbitration process.

As the grievance remained unresolved after mediation, the Vice-Chair issued a decision without reasons in accordance with the negotiated protocol.

The grievance was denied.

The union requested an order directing the employer to fully implement the terms of a Memorandum of Settlement that resolved a 2012 grievance.

Following a conference call, the Grievance Settlement Board ordered the employer to fully implement the settlement terms within 30 days, including correcting the grievor's vacation and STSP credits in the WIN system.

The union brought a grievance alleging that the Ministry violated the collective agreement by acting in an arbitrary, discriminatory, and bad faith manner when it decided to surplus the grievors.

During the proceedings, a dispute arose regarding disclosure.

Following a conference call, the Vice-Chair ordered the Ministry to produce notes, emails, and other documentation pertaining to the posting of certain positions, the elimination of the grievors' positions, and discussions between specific management personnel regarding the decision.

The union requested an adjournment of several continuation dates because the grievor had moved out of the province and had difficulty obtaining time off from his new job.

The employer did not object to the adjournment, provided its liability for the delay was limited.

The Vice-Chair granted the adjournment and ordered that the employer would not be responsible for any compensation accruing to the grievor during the period of delay.

The grievor alleged discrimination by the employer.

To facilitate the adjudication of the grievance, the Grievance Settlement Board directed the parties to exchange medical documentation pertaining to the grievor's Workplace Safety and Insurance Board files.

The Board also directed three doctors to provide their complete medical records relating to the grievor to union counsel, who would then provide appropriate copies to employer counsel.

The disclosure was made subject to strict confidentiality conditions, limiting use solely to the arbitration proceedings.