113 total
Procedural order issued on consent setting schedule for Agreed Statement of Fact and document production.
The Union grieved the Employer's contracting out of bargaining unit work to a private security company during the temporary closure of the Ontario Correctional Institute.
At a hearing, the parties agreed upon a schedule for exchanging comments on a draft Agreed Statement of Fact, identifying witnesses, and compiling a joint book of documents.
At the Employer's request, the Arbitrator issued a procedural order formalizing the agreed-upon schedule.
Adjournment granted after grievor failed to attend hearing, with warning that future absence may result in dismissal.
The Union sought an adjournment of a grievance arbitration hearing after the grievor failed to attend without explanation.
The Employer objected and brought a motion to dismiss the grievance on the merits.
The arbitrator granted the adjournment, directing the parties to schedule a new hearing date and warning the grievor that the hearing would proceed and the motion to dismiss would be addressed if she failed to attend again.
Case management decision setting schedule for particulars and pre-hearing production in accommodation grievance.
The union filed a grievance alleging the employer failed to accommodate the grievor.
Following unsuccessful mediation, the parties agreed to a schedule for the delivery of particulars, pre-hearing production of documents including medical records, and preliminary motions.
The arbitrator issued a case management decision formalizing the agreed-upon timeline and scheduling future hearing dates.
Grievance dismissed; ten-day suspension upheld for providing preferential treatment to an incarcerated correctional officer.
The grievor, a Rehabilitation Officer, grieved a ten-day disciplinary suspension for providing preferential treatment to an incarcerated correctional officer by preparing a Temporary Absence Permit (TAP) for him.
The Ministry also disciplined the grievor for failing to be forthright during the investigation and for failing to retain electronic documents.
The arbitrator found that the grievor's actions were part of a concerted effort to provide preferential treatment to a fellow employee, which constituted a serious violation of conflict of interest regulations.
The arbitrator concluded that the Ministry had proven just cause for discipline and that the ten-day suspension was proportionate to the misconduct.
The grievance was dismissed.
Procedural timetable established on consent for termination grievance hearing.
The parties were unable to mediate a resolution to a termination grievance.
On consent, the arbitrator issued a procedural order establishing a timetable for production of documents, an agreed statement of facts, and scheduling the hearing dates for late 2024 and early 2025.
Consent order issued for production of investigation report subject to strict confidentiality conditions.
The Grievance Settlement Board issued a consent order directing the Employer to produce an Investigation Report and related non-privileged materials to the Union.
The production was made subject to strict confidentiality conditions, including restrictions on copying, sharing, and retention of the documents.
The parties were also directed to prepare a joint chart of incidents underlying the grievor's termination and to schedule further hearing dates for mediation or case management.
Employer's motion to hear jurisdictional objection as a preliminary issue deferred to end of hearing.
The employer brought a motion to determine whether its jurisdictional objection (a Monk motion) regarding the Board's authority to award monetary remedies for a workplace assault should be heard as a preliminary issue.
The union argued the motion should be deferred until after the merits of the grievance were decided.
The Arbitrator held that, absent agreement between the parties, the timing of a Monk motion must be determined on a case-by-case basis considering efficiency and labour relations principles.
Finding no efficiency in hearing the motion preliminarily, the Arbitrator deferred the Monk motion to the end of the hearing.
Consent order issued for production of an investigation report subject to strict confidentiality conditions.
The arbitrator issued a consent order directing the Employer to produce an Investigation Report and related materials to the Union.
The production was made subject to strict confidentiality conditions, including restrictions on copying, sharing, and retaining the documents, to ensure they are used solely for the purpose of preparing for arbitration.
Employer's preliminary motion on timeliness dismissed; ongoing denial of sick benefits constitutes a continuing grievance.
The Union filed a grievance alleging the Employer breached the collective agreement by denying the grievor Short Term Sickness Plan (STSP) benefits while she was on an accommodated work schedule.
The Employer brought a preliminary motion to dismiss the grievance as untimely, arguing the grievance was filed nine months after the initial denial.
The Arbitrator dismissed the preliminary motion, finding that the ongoing denial of STSP benefits constituted a continuing grievance because the Employer had a recurring duty under the collective agreement to provide such benefits.
The grievance was therefore timely and directed to proceed on its merits.
Grievance dismissed as the Board lacks jurisdiction to remedy classification grievances under the Crown Employees Collective Bargaining Act.
The union filed a grievance alleging a violation of the management rights clause and seeking an independent evaluation of amalgamated job duties with the expectation of a higher classification.
The employer brought a motion to dismiss the grievance on the basis that it was a classification grievance for which no remedy is permitted under section 51 of the Crown Employees Collective Bargaining Act.
The arbitrator agreed, finding that the grievance was a classification grievance and that the Board had no jurisdiction to provide a remedy.
The employer's motion was granted and the grievance was dismissed.
Grievance dismissed; insufficient evidence that mental health issues rendered employee incapable of communicating with employer.
The Union filed a discharge grievance after the Employer declared the Grievor had abandoned her employment pursuant to section 42 of the Public Service of Ontario Act.
The Grievor had been absent from work for an extended period and failed to provide requested medical information or respond to the Employer's communications for several months.
The Union argued the Grievor was incapacitated by severe mental health issues and could not respond, triggering a duty to accommodate.
The Arbitrator dismissed the grievance, finding insufficient medical or factual evidence that the Grievor was completely incapable of communicating with the Employer during the relevant period.
Preliminary objection partially upheld; complaints about temporary assignment and harassment dismissed as untimely, but ongoing accommodation complaint proceeds.
The complainant filed a grievance alleging breach of promise regarding a temporary assignment, failure to accommodate based on disability and family status, and peer harassment.
The employer raised a preliminary objection that the notice of proposal to file a complaint was not given within the mandatory 14-day time limit under Regulation 378/07 of the Public Service of Ontario Act.
The Board upheld the preliminary objection regarding the termination of the temporary assignment and the peer harassment, finding those complaints were untimely.
However, the Board dismissed the preliminary objection regarding the ongoing failure to accommodate after the temporary assignment ended, finding that issue was still live and timely when the notice was filed.
Parties encouraged to consolidate related grievances regarding a reprimand and suspension.
The grievance pertains to a written letter of reprimand.
The grievor also received a subsequent 1-day suspension, which is the subject of another grievance.
The parties agreed that if the suspension grievance is referred to arbitration, it will be consolidated with the instant grievance.
The arbitrator encouraged the parties to consider waiving the Step 2 meeting for the suspension grievance and to canvass other outstanding grievances for potential consolidation.
The hearing will continue on May 10, 2023.
Discipline voided and 2-day suspension rescinded due to employer's excessive and unreasonable delay.
The complainant, a correctional sergeant, grieved a 2-day suspension imposed for two separate incidents involving the improper release and admission of inmates.
The discipline was imposed 26 months and 19 months after the respective incidents.
The Public Service Grievance Board found that the employer's delay in investigating and imposing discipline was excessive, unexplained, and highly prejudicial to the complainant.
Consequently, the discipline was declared void and ordered removed from the complainant's file, with full reimbursement for the suspension.
The complainant's request for costs was denied as the employer's conduct was not malicious or in bad faith.
Grievance declared settled where parties reached consensus ad idem on all settlement terms.
The union filed a grievance alleging harassment, failure to accommodate, and a poisoned work environment.
During mediation, the parties reached an agreement in principle for a $5,000 payment to the grievor.
The grievor objected to a release clause in the draft Minutes of Settlement.
The employer agreed to remove the disputed clause, but the grievor requested further time to consult a lawyer before signing.
The employer argued the grievance was settled as all terms were agreed upon.
The arbitrator agreed, finding that once the disputed clause was removed, there was consensus ad idem on all terms.
The arbitrator declared the grievance settled and binding on all parties.
Order granted compelling witness to attend rescheduled arbitration hearing after failing to appear.
The Employer brought a motion for an order compelling a witness to attend a rescheduled arbitration hearing.
The witness had been duly served with a summons and conduct money but failed to join the video conference on the initial hearing date, later claiming illness and forgetfulness.
The Association did not oppose the motion.
The Arbitrator granted the order pursuant to the powers incorporated from the Labour Relations Act, 1995, directing the witness to attend the next scheduled hearing date and warning of potential consequences for further non-compliance.
Senior correctional manager's dismissal upheld for condoning inmate preferential treatment and misleading investigators.
A deputy superintendent challenged his dismissal arising from the preferential treatment of an incarcerated correctional officer and his subsequent statements during the employer's investigation.
The Board found that the complainant, as a senior manager, set the stage for preferential treatment, failed over several days to correct obvious policy breaches, and materially misled investigators by omissions and false statements.
Applying the contextual just-cause approach, the Board held that the misconduct and resulting loss of trust were irreconcilable with continued employment.
Lengthy service and a prior clean record were insufficient mitigating factors.
Consent order issued setting timetable for exchange of particulars and documents.
The parties agreed to a consent order requiring the exchange of particulars and documents.
The arbitrator issued a procedural order setting out the timetable and requirements for the employer and the union to provide written particulars of their allegations of fact and copies of all documents on which they intend to rely.
Benefit offset dispute conditionally adjourned pending related termination arbitration to protect grievor's procedural rights.
The Association filed a dispute regarding an insurance carrier's right to withhold payment of valid benefit claims to offset an alleged debt arising from previous allegedly fraudulent claims.
The Employer sought to have the fraud allegations determined within this Joint Benefits Review Committee process.
The arbitrator ruled that the offset issue could proceed only if the parties agreed to assume prior payments were improperly received without deciding the fraud issue.
Absent such agreement, the matter would be adjourned pending the outcome of a separate termination dispute to avoid prejudicing the grievor's rights in that forum.
Board issued procedural directions for exchange of particulars and documents prior to arbitration hearing.
The Grievance Settlement Board issued procedural directions following an unsuccessful mediation under article 22.16 of the collective agreement.
The Board ordered the union to provide full particulars and documents 60 days before the hearing, and the employer to produce its documents and particulars 45 days after receiving the union's materials.
The parties were also directed to discuss expediting the process and to address whether a compressed work week grievance should be heard together with the other grievances.
