Ed Holmes

The Union sought production of materials, including video recordings, arguably relevant to the grievances.

The Arbitrator ordered the Employer to produce the requested materials to Union counsel by January 31, 2019.

The parties sought clarification on a prior arbitration award that ordered the Employer to pay damages to grievors meeting certain conditions.

The Union sought to extend the damages to individuals who did not participate in the group grievance but otherwise met the conditions.

The Arbitrator held that the Board was functus officio and had no authority to extend the remedy beyond the scope of the final decision, which limited damages to the actual grievors.

The grievor, a Ukrainian Christian, requested special leave under the collective agreement to observe two religious holidays.

The Employer denied the request because the holidays were not on the OPS List of Religious Holy Days and the grievor did not provide confirmation from his church regarding his religion.

The arbitrator found that the Employer's reliance on the OPS List and extraneous confirmation requirements, rather than conducting an individualized inquiry into the grievor's sincerely held beliefs, resulted in adverse treatment based on creed.

The grievance was allowed, and the Employer was directed to credit the grievor with two days of vacation leave.

The grievor, a correctional officer, was terminated for failing to intervene in an altercation between two inmates and for allegedly kicking an inmate while he was on the floor.

The arbitrator found that the grievor failed to take timely action to stop the assault, such as giving verbal commands or using pepper spray.

However, the arbitrator concluded that the grievor's contact with the inmate's leg was a minimal push to gain compliance, which was inappropriate but did not constitute an excessive use of force under the Crown Employees Collective Bargaining Act.

Given the grievor's long service and clean disciplinary record, the termination was substituted with a 30-day unpaid suspension.

The Union sought an order for the production of documents related to three grievances concerning the discipline of the grievor.

Following a teleconference, the Arbitrator ordered the Employer to disclose and produce any and all arguably relevant documents pertaining to the discipline by September 18, 2018.

In the context of a termination grievance, the parties failed to reach a settlement and proceeded to schedule arbitration dates.

Following discussions on process issues, the arbitrator issued an interim decision ordering the grievor to produce his cellular telephone records for a specific date, including calls, emails, text messages, and internet history logs.

The grievor was directed to obtain these records from his service provider if necessary and provide them to the union's counsel.

The grievor, a correctional officer, was terminated for allegedly using excessive force by directing an inmate's head into a steel door frame and failing to properly document the incident.

The union grieved the termination and the forfeiture of unused vacation credits.

The arbitrator reviewed video evidence and expert testimony, concluding that the grievor intentionally pushed the compliant inmate into the door frame, constituting an excessive use of force.

The arbitrator also found the grievor failed to accurately report the incident.

Given the serious breach of trust and the grievor's lack of remorse, the termination was upheld.

The grievance regarding the forfeiture of vacation credits was also dismissed as the employer's actions complied with the collective agreement.

The parties proceeded by expedited mediation/arbitration regarding a grievance.

The employer conceded a violation of the collective agreement, leaving only the issue of remedy.

The arbitrator ordered the employer to pay $350 in damages to each grievor who had an asterisk beside their name and was being medically accommodated.

The Employer requested an order for the production of particulars and documents from the Union regarding the grievor's alleged disabilities (diabetes and hearing impairment), need for accommodation including an assistive animal, and alleged damage to hearing aids.

The Arbitrator granted the request, ordering the Union to provide the specified particulars by April 20, 2018, and the requested medical and training records as soon as possible.

The Union filed a group grievance alleging the Employer violated the Collective Agreement and the Freedom of Information and Protection of Privacy Act by inadvertently posting employees' personal information on a public drive.

The arbitrator found the breach was inadvertent and the information was posted for a short period.

Relying on similar precedent, the arbitrator ordered the Employer to pay $2,000 to the Union for equal distribution among the affected grievors.

The Arbitrator issued a procedural direction following a teleconference.

The upcoming hearing date will be used to establish undisputed material facts and mark agreed documents as exhibits, after which the matter will be adjourned to dates yet to be set.

The Union sought a supplementary order, alleging the Employer failed to comply with a prior production order dated November 22, 2017.

The Arbitrator heard submissions and ordered the Employer to forthwith produce the complete Local Investigation Report, associated notes, notes of meetings with the grievor and the union, and any occurrence reports or complaint forms issued by staff against specific individuals.

The Union filed grievances regarding the calculation of compensating time for Correctional Officers who miss meal breaks while on hospital escort duty.

The Union argued that under the Memorandum of Settlement, officers on a twelve-hour shift missing two meal breaks should receive two hours of compensating time.

The Arbitrator found the language of the Memorandum unambiguous, stating that officers are entitled to one hour of compensating leave 'for the shift' regardless of its length or the number of missed breaks.

The grievances were denied.

The parties sought clarification on the implementation of a prior award regarding inmate escorts.

The union argued that when only one Correctional Officer (CO) is available for an escort, the employer must assign that CO alongside a police officer.

The arbitrator held that the employer is not required to form a mixed crew of COs and police officers when there are insufficient COs available, as the employer retains discretion to make alternate arrangements in such circumstances.

The Union sought production of documents in a grievance alleging that a male correctional officer was harassed and assaulted by a female co-worker and her husband.

The Union requested documents relating to complaints about other incidents not involving the grievor or the co-workers to show differential treatment based on gender, as well as documents relating to other complaints against the specific co-workers.

The Arbitrator denied the first request, finding the documents were not arguably relevant and would unduly extend the proceedings.

The Arbitrator granted the second request, finding the documents were arguably relevant to the Employer's knowledge and obligation to provide a harassment-free workplace.

The Member, a registered nurse providing psychotherapeutic counselling, admitted to professional misconduct for failing to maintain therapeutic boundaries, entering into a financial relationship, and practising in a conflict of interest with a client.

The Member co-leased clinic space to the client and received payments for mentorship and partnership buy-in while continuing a therapeutic relationship.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a four-month suspension, and terms and conditions on the Member's certificate of registration.

The Union failed to comply with a September 6, 2016 production order requiring the disclosure of the grievor's medical and benefits records.

After more than a year of non-compliance and the cancellation of previously scheduled hearing dates, the Union requested a new date to address other production issues.

The Employer resisted.

The Arbitrator directed the Registrar to set the matter down for a one-day hearing specifically to address the Union's failure to comply with the production order and the appropriate consequences.

The union referred a grievance to arbitration regarding compensation for missed meal breaks, which was resolved by minutes of settlement.

The settlement required the employer to advise correctional officers to note missed breaks on their regular sign-in and out sheets.

The employer subsequently issued a memo directing officers to use a separate sign-in sheet in the Minimum Duty Sergeant's office.

The union argued this violated the settlement.

The arbitrator agreed, finding the settlement clearly required missed breaks to be recorded on the regular shift sign-in and out sheets.

The grievor was terminated from her fixed-term contract as a Correctional Officer for exceeding the ten permitted absences outlined in a prior Memorandum of Settlement.

The union grieved the termination, arguing that ten of her fourteen absences were protected personal emergency leave days under section 50 of the Employment Standards Act, 2000, primarily related to caring for her son's severe migraines.

The arbitrator held that the parties could not contract out of the minimum standards of the Employment Standards Act.

Because ten of the absences were statutorily protected, they could not be counted toward the threshold for termination under the settlement.

The grievance was allowed and the grievor was reinstated to complete her contract.

The Union requested an order for the production of documents in relation to a grievance filed by a correctional officer.

The Employer did not oppose the request.

The Grievance Settlement Board directed the Employer to produce the requested documents by a specified date.