Joseph Carrier

The grievor failed to attend the scheduled hearing for his termination grievance and did not contact union counsel prior to the hearing.

The employer moved to dismiss the grievance or, in the alternative, to allow a short window for the grievor to explain his absence.

The arbitrator ordered the grievor to contact union counsel forthwith to explain his non-attendance and provide supporting documentation.

If the grievor fails to respond by the specified deadline, the grievance will be dismissed.

If an explanation is provided, the employer may review it and either agree to reschedule or renew its motion to dismiss.

The Union grieved the Employer's implementation of a Memorandum of Agreement regarding the promotion of Community Behaviour Consultants to a higher classification.

The former classification was based on a 40-hour work week, while the new classification was based on a 36.25-hour work week.

The Union argued that the promotional increase should be applied to the weekly rates before converting to a 40-hour week, resulting in increases of over 13%.

The Employer argued that the hourly rates of the two classifications must be compared to determine the appropriate promotional step, resulting in increases consistent with the collective agreement's 3% promotional rule.

The Arbitrator dismissed the grievance, finding that the Employer's method of comparing hourly rates was the correct interpretation of the Memorandum of Agreement read in conjunction with the collective agreement.

The grievor, a Flexible Part-Time Senior Court Services Officer, grieved a letter of discipline for insubordination after absenting himself from work without leave.

The grievor had requested leave for a family vacation but was advised not to book the trip until approval was granted.

Despite this, the grievor booked the trip and, upon being denied leave due to operational requirements, took the time off anyway.

The arbitrator found the employer's denial of leave was reasonable and the grievor's actions constituted insubordination.

The grievance was dismissed.

The union filed grievances alleging the employer failed to protect the grievor's health and safety following a workplace incident and issued a 1-day disciplinary suspension without cause.

The arbitrator proceeded via mediation/arbitration under the collective agreement.

Finding concerns with the employer's investigation into the incident, the arbitrator rescinded the disciplinary suspension and remitted the matter to the parties to craft an appropriate remedy.

The union sought production of various documents, including the grievor's personnel file, log books, policies, and discipline records of other staff members.

On mutual consent of the parties, the arbitrator ordered the employer to produce the requested documents by a specified date.

The employer brought a motion to dismiss a series of grievances after the grievor failed to provide particulars by the agreed-upon date and failed to appear at a scheduled hearing.

The Grievance Settlement Board declined to dismiss the grievances, noting the grievor's prior attendance and potential confusion regarding the process.

However, the Board ordered the union to provide particulars within three weeks, warned that future unexcused absences would result in dismissal, and directed that any future damages awarded to the grievor be reduced to reflect the delay caused by his conduct.