5 total
Procedural directions and timetable issued for the arbitration of a group grievance regarding probation officer vacancies.
The Union referred a group grievance relating to vacancies in the probation and parole officer position in the Peterborough office.
Following unsuccessful mediation efforts, the Arbitrator issued procedural directions to govern the exchange of particulars, documents, and potential consolidation of related grievances, setting a timetable leading up to a hearing on the merits.
Arbitrator orders production of particulars and documents in unpaid sick time grievance.
The parties convened for a grievance arbitration regarding a claim for unpaid sick time.
Following an unsuccessful mediation, the arbitrator issued procedural directions ordering the union to provide additional particulars and production of all arguably relevant material, and directing the employer to respond and raise any preliminary objections.
Back-to-work legislation ending college strike upheld as justified under s. 1.
The appellants, a public sector union and its officers, challenged the constitutionality of back-to-work legislation (Bill 178) that ended a five-week faculty strike at Ontario's 24 colleges of applied arts and technology in 2017.
The Court of Appeal found that the legislation limited the appellants' s. 2(d) Charter right to freedom of association by ending a lawful strike, departing from the application judge's finding of no substantial interference.
However, the court held that the limitation was justified under s. 1 of the Charter, finding that Ontario had a pressing and substantial objective of resuming classroom instruction to protect students' academic year, that the means were rationally connected and minimally impairing, and that the substitution of neutral interest arbitration for strike activity rendered the effects proportionate.
Procedural orders issued scheduling hearing dates and setting deadlines for particulars and document production.
Following a case conference call, the Arbitrator issued procedural orders scheduling further hearing dates for the grievance.
The Union was directed to provide a statement of particulars and respond to production requests by a specified date, with the Employer reserving the right to seek dismissal if deadlines are missed.
The court upheld back-to-work legislation ending a college faculty strike, finding no unjustifiable Charter infringement.
The Ontario Public Service Employees Union (OPSEU) and two individuals applied for a declaration that the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017, which ended a five-week college strike, infringed their freedom of association rights under section 2(d) of the Canadian Charter of Rights and Freedoms, and sought damages.
The Crown in Right of Ontario and the College Employer Council argued the Act did not infringe the Charter or was justified under section 1.
The court dismissed the application, finding that the Act did not substantially interfere with meaningful collective bargaining, as the parties were at an impasse.
Alternatively, the court held that even if there was an infringement, it was justified under section 1, given the pressing and substantial objective of resuming college instruction, the rational connection of the legislation, its minimal impairment (by substituting a neutral arbitration process), and its proportionality.
