L. Mikus

The union filed a group grievance alleging that the employer failed to provide a safe and healthy work environment due to an abusive and intimidating supervisor.

At the close of the union's case, the employer brought a motion for non-suit.

The arbitrator granted the motion and dismissed the grievance, finding that while the supervisor's alleged conduct was unpleasant, the union failed to present any evidence that the employees suffered serious illness, required medical attention, or missed work as a result, which is required to establish a prima facie breach of the collective agreement's health and safety provisions.

Thirteen nurses filed grievances alleging they were unjustly denied their allotted time off to vote on election day because the employer scheduled their three consecutive hours off to include their one-hour unpaid lunch break.

The employer raised a preliminary objection that the Board lacked jurisdiction to enforce the Election Act.

The Board held that under the Labour Relations Act, it had jurisdiction to interpret and apply employment-related statutes that affect collective agreement rights.

On the merits, the Board dismissed the grievances, finding that the Election Act only requires the employer to provide three consecutive hours off for voting, which can be scheduled at the employer's convenience and may include unpaid time such as a lunch period.