T. Browes-Bugden

The grievor, a Sikh correctional officer, alleged that the employer's facial hair policy was discriminatorily enforced.

The union argued that the policy was inconsistently applied because some employees were temporarily exempted for health reasons, and that this differential treatment between protected groups (health vs. creed) violated the collective agreement.

The Grievance Settlement Board dismissed the grievance, finding that the policy was enforced in a substantially consistent manner and that providing temporary accommodation for health reasons did not obligate the employer to provide permanent accommodation for religious beliefs, which had previously been found to cause undue hardship.

The union filed grievances alleging that the employer failed to adequately respond to complaints of sexual harassment by two management employees, thereby contributing to a poisoned work environment.

The parties sought an interim ruling on whether the Grievance Settlement Board had jurisdiction to direct the employer to transfer or discharge the harassers.

The Board held that while discipline is generally an exclusive management function, it has the jurisdiction to order specific disciplinary action against a member of management if such an order is absolutely necessary to finally and effectively remedy the grievance.