188 total
Preliminary objection resolved as Union limited challenge of sick leave document to its application to grievors.
The Union filed nine grievances alleging the Employer violated the collective agreement by actions taken against the grievors regarding an alleged pattern of absences, and challenged the Employer's 'Best Practices' document.
The Employer raised a preliminary objection to the scope of the issues, arguing the document was not a formal policy and could only be challenged as applied to the individual grievors.
The Union acknowledged it would only challenge the aspects of the document applied to the grievors.
The Vice-Chair ruled that this concession obviated the need for a broader ruling on the preliminary motion, and deferred the issue of the scope of remedial jurisdiction as premature.
Hearing protocol established for poisoned work environment grievances.
The Grievance Settlement Board established a hearing protocol for several grievances alleging harm and damages from a poisoned work environment.
The protocol sets out hearing dates for Group A and Group B grievances, limits the number of individuals the Union may have present, and establishes timelines for the exchange of will-say statements and proposed monetary resolutions.
Tribunal orders production of redacted promotion documents of male comparator in sex discrimination case.
The applicant, a university faculty member alleging sex discrimination in her promotion process, sought production of documents relating to a male colleague who was promoted around the same time.
The respondent and intervenors opposed production, arguing the documents were irrelevant and protected by confidentiality privilege.
The Tribunal ordered production of the male colleague's curriculum vitae, salary information, redacted reference letters, and redacted transmittal letter, finding them relevant as comparator evidence and not privileged under the Wigmore test.
Student course evaluations were not ordered produced as the applicant's own evaluations were not in evidence.
Board sets procedural rules and evidentiary limits for remaining individual grievances in mediation-arbitration.
In a mediation-arbitration process concerning grievances over a poisoned work environment, the Grievance Settlement Board issued a procedural decision for the remaining unresolved individual grievances.
Pursuant to the collective agreement, the Board imposed limitations on evidence and set conditions for the arbitration.
To avoid lengthy litigation, the Employer accepted liability for negligence solely for the purpose of these cases.
The Board established a timeline for the exchange of updated will-say statements and written particulars of remedies sought, and directed that no oral evidence would be heard unless directed by the Vice-Chair.
Board amends objectives and action plans for improving the work environment at the Toronto Jail.
The Grievance Settlement Board issued an update to its previous decisions regarding objectives and action plans to improve the work environment at the Toronto Jail.
The Board amended several objectives, including the process for the Coordinating Committee to address unresolved issues of racism, sexism, or sexual orientation, and directed the Ministry to provide written proposals regarding paid parking and managerial appointments.
The Board also updated the responsibilities for certain action plans and appointed new members to the Coordinating Committee.
Interim relief to maintain paid leave denied where employer offered reasonable accommodation at alternative work locations.
The union sought interim relief to maintain a correctional officer's paid leave of absence pending the determination of his grievance regarding a poisoned work environment.
The grievor had been on paid leave for 17 months after receiving racially-motivated hate mail.
The employer offered to accommodate the grievor at six other correctional institutions, but the grievor refused, seeking to remain on paid leave.
The Board assumed jurisdiction to grant interim relief but dismissed the application, finding that the employer's offer of alternative work locations was a reasonable accommodation and the balance of harm did not favour allowing the grievor to remain off work with pay.
Employer breached collective agreement by denying lateral transfer based on prior accommodation placement decision.
The grievor, a Youth Services Officer with asthma requiring accommodation from cigarette smoke, sought a lateral transfer to the Central East Correctional Centre (CECC).
The Employer denied the transfer, relying on a 2003 arbitration decision that placed the grievor at Brookside Youth Centre as the best accommodation option at the time.
The Grievance Settlement Board allowed the grievance, finding that the prior placement decision did not waive the grievor's transfer rights under the Collective Agreement.
By denying the transfer without claiming an inability to accommodate the grievor at the CECC, the Employer effectively denied him a right because of his disability, breaching the non-discrimination clause.
Board updated action plans and objectives to address systemic issues at the Toronto Jail.
The Grievance Settlement Board issued a supplementary decision to update its previous decisions regarding systemic issues at the Toronto Jail.
The Board amended action plans and objectives, including scheduling Coordinating Committee meetings, clarifying staff rights to report wrongdoing under the Public Service of Ontario Act, 2006, and addressing racism and discrimination under the Human Rights Code.
The Vice-Chair remained seized with respect to the interpretation or implementation of the decision.
Grievances dismissed for failure to deliver particulars; remaining grievances adjourned for argument.
The Grievance Settlement Board dismissed several grievances due to the union's failure to deliver particulars in accordance with previous orders.
The hearing for the remaining grievances was adjourned to allow counsel to complete arguments on whether the union's particulars established a prima facie case, including whether the claims were precluded by the Workplace Safety and Insurance Act.
Board suspends WDHP investigations on consent pending resolution of related grievances and sets hearing dates.
The Grievance Settlement Board issued a procedural decision on consent to suspend the investigation of Workplace Discrimination and Harassment Policy (WDHP) complaints filed by various grievors, as the substance of those complaints would be addressed within the grievances before the Board.
The Employer was directed to notify investigators and provide details of the affected complaints.
The Board also assigned additional hearing dates for specific grievors.
Board directs comprehensive action plans to address systemic racism and harassment at the Toronto Jail.
In a mediation-arbitration process concerning systemic issues of racism, discrimination, and harassment at the Toronto Jail, the Grievance Settlement Board directed the union and the employer to commit to a comprehensive set of objectives and action plans.
These directives aim to foster a fair, respectful, and inclusive work environment, addressing areas such as union-management collaboration, workplace hospitality, handling of hate mail, recruitment and promotion, orientation and training, operations, and conflict resolution.
Grievances dismissed; Board lacks jurisdiction to review management rights absent collective agreement breach or anti-union animus.
The union filed grievances on behalf of three Air Quality Analysts (AQAs) after the employer reclassified both AQAs and Water Group Leaders (WGLs) to Scientist 4, but only temporarily assigned the WGLs to Acting Geoscientist 4, resulting in higher pay for the WGLs.
The union argued this differential treatment violated the collective agreement by breaching an implied duty of reasonableness and was motivated by anti-union animus against the grievors.
The Grievance Settlement Board held that under the Weber doctrine, it lacked jurisdiction to review the exercise of management rights for reasonableness unless the action impacted an express or implied right under the collective agreement, which was not established here.
Furthermore, the Board found no evidence that the employer's decision was tainted by anti-union animus, concluding it was driven by legitimate business concerns regarding the recruitment and retention of water scientists.
Employer failed to fully accommodate asthmatic employee's sensitivity to second-hand smoke at youth facility.
The grievor, a Youth Services Officer with asthma triggered by cigarette smoke, filed grievances alleging the Employer failed to accommodate his disability at the Brookside Youth Centre.
The Grievance Settlement Board found that while the Employer took some steps, it failed to take all reasonable steps to accommodate the grievor to the point of undue hardship, such as designating smoking areas away from building entrances.
The Employer was directed to compensate the grievor for monetary losses attributable to exposures on the grounds and to meet with the Union to discuss further accommodation.
However, the Board found the grievor was not entitled to be paid for a period he unilaterally absented himself from work.
Employer's motion to restrict Union's arguments denied; grievance wording broad enough to include management rights.
During a grievance arbitration concerning alleged discrimination and differential treatment, the Employer brought a motion to restrict the Union from arguing that the differential treatment also constituted a breach of the management rights clause (Article 2) of the collective agreement.
The Employer argued this was an inappropriate expansion of the grievance.
The Grievance Settlement Board denied the motion, finding that the wording of the grievance was sufficiently broad to encompass arguments under Article 2 and did not restrict the complaint solely to the prohibited grounds of discrimination under Article 3.
Grievance dismissed; employer not estopped from ending unilaterally implemented mentoring bonus pilot project.
The union filed a grievance challenging the employer's unilateral termination of a pilot project that paid a mentoring bonus to land ambulance dispatchers.
The union argued that the employer was estopped from discontinuing the practice for the life of the current collective agreement because it failed to give notice during collective bargaining of its intention to end the bonus.
The Grievance Settlement Board dismissed the grievance, finding that the employer's initial implementation of the bonus as a 'pilot project' subject to evaluation reserved its right to discontinue it.
Furthermore, the parties' prior agreement to negotiate monetary outcomes of class standard reviews meant the employer's silence during bargaining could not reasonably be construed as a representation that the extra compensation would continue.
Arbitrator clarified that 'nursing staff' includes Patient Care Assistants for compressed work week voting.
The parties sought clarification of a previous arbitration award regarding a compressed work week arrangement at the Whitby Mental Health Centre.
The issue was the definition of 'nursing staff' for the purpose of voting on nursing schedules.
The Vice-Chair clarified that, consistent with an earlier decision, the term 'nursing staff' includes Registered Nurses, Registered Practical Nurses, and Patient Care Assistants.
Consent order issued detailing the process for exchanging medical information in grievance proceedings.
The parties reached an agreement on a comprehensive process for the exchange of medical information and documentation regarding grievors claiming physical or mental harm.
At the parties' request, the Grievance Settlement Board issued the agreement as a consent order, detailing the requirements for standard form reports, disclosure of treating health professionals, and the process for resolving disputes over further medical disclosure or WSIB file production.
Employer's request to adjourn future hearing dates denied as premature pending outcome of evidentiary motion.
The Union filed numerous grievances alleging systemic discrimination and the dissemination of threatening and racist letters.
The Employer sought an adjournment of hearing dates scheduled for October, arguing that the Union had delayed the proceedings and that the Employer needed time to prepare its case following a motion on the admissibility of evidence scheduled for September.
The Grievance Settlement Board denied the adjournment request, finding it premature to cancel hearing dates six months in advance based on a motion that had not yet been heard.
Board ordered union to provide written particulars of grievances regarding second-hand smoke exposure.
The union filed numerous grievances regarding the alleged exposure of correctional institution employees to tobacco smoke.
At the hearing, the list of outstanding grievances was uncertain.
The Grievance Settlement Board ordered the union to provide written particulars of each grievance by April 30, 2007, and ordered the employer to provide written particulars of any preliminary objections by June 29, 2007, before scheduling further hearings on preliminary matters or the merits.
Hearing adjourned due to pending criminal proceedings; mutual production of medical consents and investigation reports ordered.
The Grievance Settlement Board ordered the adjournment of scheduled hearing dates due to pending related criminal proceedings.
The Board also ordered the Union to provide signed consent forms for the grievor's OHIP, family physician, and chiropractor records.
The Employer was ordered to provide a full, unedited copy of the Preliminary Review Report and the Report of the Investigation into Allegations of Resident Abuse, including witness statements, as well as information regarding injuries to two residents.
The documents are to be used solely for the litigation.
