S. L. Stewart

The Union grieved a letter of warning issued to a bus driver for a preventable collision, seeking removal of the preventable collision designation from all files.

The Employer raised a preliminary objection, arguing the arbitrator lacked jurisdiction to re-characterize the collision for non-disciplinary purposes, such as training and risk assessments, as the collective agreement provided a specific external review process (Ontario Safety League) for that purpose.

The arbitrator agreed with the Employer, holding that while she had jurisdiction to determine preventability in the context of whether there was just cause for discipline, she lacked jurisdiction to determine preventability for all purposes in relation to the Employer's operations.

The Union brought a motion for disclosure of the full investigation report and supporting documents relied on by the Employer in dismissing the grievor.

Following a teleconference, the Grievance Settlement Board ordered the Employer to produce the investigation report, including witness names, as well as all supporting documents and witness statements.

The disclosure was ordered subject to a consent confidentiality undertaking restricting the use of the documents to the preparation of the mediation and/or arbitration.

The Union requested a teleconference to deal with disclosure issues regarding the grievances of M. Enright.

The Grievance Settlement Board ordered the Employer to disclose a copy of the full investigation report relied on in the dismissal, including the names of all witnesses, as well as supporting documents and any other documents relied on in terminating the employee.

The Board also ordered, on consent, that the disclosed documents be used solely for preparing the case for mediation or arbitration.

The grievor, a Management Forester with the Ministry of Natural Resources, sought reimbursement for application fees and dues paid to the Ontario Professional Foresters Association after licensing became a mandatory condition of employment under the Professional Foresters Act, 2000.

The union argued that the employer was compelled to assume the costs of mandatory professional membership and that such membership was beneficial to the ministry.

The arbitrator dismissed the grievance, finding no specific provision in the collective agreement requiring reimbursement and concluding that the employer's exercise of discretion to deny the request was not improper.

The union applied for interim relief to prohibit the employer from implementing a new employee security check process, which included CPIC checks, fingerprinting, and credit checks, pending the resolution of grievances.

The employer argued the Board lacked jurisdiction to issue such an order.

The Board rejected the employer's jurisdictional argument, finding it had authority to grant interim relief.

Applying the test for interim relief, the Board found the union had an arguable case and that the balance of convenience favoured the union, as the potential harm to employees' privacy interests could not be remedied retroactively.

The application for interim relief was granted.