64 total
Union ordered to produce relevant documents and medical records in failure to accommodate grievance.
In a grievance alleging a failure to accommodate, the Employer requested disclosure of all arguably relevant documents and medical records from the Union and the grievor.
The Union did not oppose the request but expressed concern about meeting the proposed deadlines.
The Arbitrator ordered the requested disclosure, directing the Union to make best efforts to meet the dates.
Union's motion to anonymize grievor's name denied; Grievance Settlement Board subject to open court principle.
The union requested that the grievor's name be anonymized in any decisions issued by the Grievance Settlement Board, arguing that the case involved sensitive medical information regarding the grievor's back and neck pain.
The employer opposed the request, relying on the open court principle.
The arbitrator held that the Grievance Settlement Board is a public statutory tribunal subject to the open court principle, creating a presumption of publication.
The arbitrator concluded that the union failed to establish exceptional or compelling circumstances to justify anonymization, as the medical issues were not highly sensitive and concerns about potential impacts on outside employment were insufficient.
The motion for anonymization was denied.
Human rights application deferred pending the conclusion of a concurrent union grievance proceeding.
The applicant filed a human rights application alleging sex discrimination, harassment, and reprisal by her manager, which she claimed led to her resignation.
She concurrently filed a grievance with her union based on the same facts.
The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of the grievance proceeding.
Despite the applicant's objections regarding delay and her lack of confidence in the grievance process, the Tribunal deferred the application to avoid duplication of proceedings, noting that grievance arbitrators have the responsibility to enforce human rights statutes.
Arbitrator resolves pre-hearing production disputes regarding medical records, tax returns, and particulars of outside employment.
In an arbitration proceeding, the parties disputed several production requests and particulars.
The Employer sought an order restricting the Union from using disclosed medical records to trigger a future duty to accommodate, which the Arbitrator denied, noting the implied undertaking protects the disclosing party's privacy and does not limit their own future use.
The Arbitrator also denied the Employer's request for the grievor's tax returns to verify outside employment, finding them not arguably relevant given privacy interests and the availability of less intrusive means.
However, the Arbitrator ordered the Union to provide particulars regarding the grievor's part-time work discussions, as they were arguably relevant, subject to the Employer's agreement not to discipline the grievor regarding conflict of interest forms.
