138 total
Consent order granted 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, appendices, and non-privileged materials to the Union.
The production was subject to strict confidentiality conditions, including restrictions on copying, forwarding, and use of the documents solely for the purpose of the arbitration.
Grievance declared fully resolved where union and employer signed settlement despite grievor's subsequent refusal.
The employer brought a motion seeking a declaration that a grievance was fully and finally resolved.
Following mediation, the union and employer had agreed to terms of settlement and signed the Minutes of Settlement.
The grievor initially agreed but subsequently refused to sign the document.
The arbitrator held that the union has carriage rights of the grievance and the union's representative has the authority to bind both the union and the grievor.
The grievance was declared fully resolved and binding on all parties.
Consent order issued for production of investigation report subject to confidentiality conditions.
The parties jointly requested a consent order for the production of an investigation report and related materials in a discharge grievance.
The arbitrator granted the request and ordered the employer to produce the documents subject to agreed-upon confidentiality and use conditions.
Arbitrator directed grievor to explain absence from hearing, warning of potential dismissal of grievances.
The grievor failed to attend a scheduled continuation of his arbitration hearing regarding workplace harassment and involuntary resignation.
The employer indicated it might bring a motion to dismiss the grievances.
The arbitrator adjourned the hearing and directed the grievor to provide written reasons for his non-attendance and failure to provide notice, warning that failure to do so or failure to attend the next scheduled date would result in the dismissal of the grievances without further notice.
Grievance dismissed; derogatory comments to co-worker breached Last Chance Agreement, justifying termination.
The grievor, a laundry worker at a correctional institution operating under a Last Chance Agreement (LCA), was discharged following three alleged incidents of inappropriate conduct.
The employer alleged the grievor made threatening comments to inmate workers, acted outside the scope of his duties, and made inappropriate and unprofessional comments to a co-worker.
The arbitrator found that while the first two allegations did not warrant discipline, the grievor's derogatory comments to a co-worker violated the employer's Statement of Ethical Principles.
Because the LCA stipulated that any breach of this policy would result in termination, the arbitrator upheld the dismissal and dismissed the grievance.
Grievance dismissed; manager's single sarcastic remark during a disagreement did not constitute harassment.
The grievor, represented by the union, alleged that she was the victim of harassment when a manager made sarcastic and demeaning remarks to her regarding a COVID screening document.
The arbitrator found that while the manager's remarks were inappropriate and sarcastic, they constituted a single "one-off" exchange during a work-related disagreement.
The arbitrator concluded that the conduct did not rise to the level of harassment as defined in arbitral jurisprudence.
The grievance was dismissed.
Grievances dismissed due to grievor's failure to comply with medical documentation production orders.
The grievor failed to comply with two previous orders to produce medical documentation to the union and the employer by the specified deadline.
As a result of the non-compliance, the scheduled hearing was cancelled and all of the grievances were dismissed.
Motion to dismiss for failure to produce medical documents denied; grievor given final extension to comply.
The Employer brought a motion to dismiss the consolidated grievances for abuse of process because the Grievor failed to comply with an interim order to produce medical documents related to her request for a medical accommodation for an inability to wear a face mask.
The Grievor, who wished to be self-represented, refused to provide the documents, disagreeing with the interim decision.
The Arbitrator declined to dismiss the case immediately, giving the Grievor a final opportunity to comply with the production order by a specified date, failing which the case would be dismissed.
Mediation adjourned sine die with conditions after complainant failed to attend due to lost contact.
The Union requested an adjournment of a scheduled mediation because it had lost contact with the complainant, who subsequently failed to attend.
The Employer consented to an adjournment sine die, subject to the complainant providing a suitable explanation.
The Arbitrator ordered the Union to make best efforts to contact the complainant and set deadlines for the complainant to provide an explanation for her non-attendance, failing which the dispute may be dismissed.
Grievances dismissed; employer took reasonable precautions after correctional officers' personal information was inadvertently disclosed.
Three correctional officers filed grievances alleging the employer failed to take reasonable precautions for their safety after their personal information was inadvertently included in a Crown brief provided to an inmate's defence counsel.
The union argued the employer failed to adequately investigate the breach or communicate critical information to the grievors, causing them significant psychological distress.
The arbitrator dismissed the grievances, finding the employer acted reasonably and promptly by confirming the information had been removed from the disclosure, engaging a specialized law enforcement unit to investigate, and offering security support.
The arbitrator concluded the employer did not breach its health and safety obligations under the collective agreement or the Occupational Health and Safety Act.
Employer ordered to review and verify payment errors and deductions under a Memorandum of Settlement.
The parties resolved a complaint by entering into a Memorandum of Settlement, but the Employer failed to fully comply with its terms due to payment errors.
Following a case conference, the Public Service Grievance Board ordered the Employer to review and verify the deductions and payments required by the settlement, specifically regarding legal fees, pension deductions, and benefit deductions.
The Complainant was directed to cooperate with reasonable requests to facilitate the correction of any payment errors.
Employer granted production of grievor's medical records in face mask accommodation dispute, subject to confidentiality.
In a grievance arbitration concerning the Employer's alleged failure to accommodate the grievor's inability to wear a face mask, the Employer brought a motion for production of the grievor's underlying medical records.
The Union opposed, citing privacy and the mask mandate exemptions under O. Reg. 364/20.
The Arbitrator granted the motion, finding a clear nexus between the requested medical information and the core dispute over accommodation and subsequent discipline.
Production was ordered subject to strict confidentiality conditions limiting access to Employer counsel, one instructing advisor, and the Disability Accommodation Specialist.
Arbitrator issues procedural directions for exchange of particulars and witness declarations in bargaining unit grievance.
The Association filed a grievance alleging that the position of 'Night Residence Manager' falls within the bargaining unit.
Following a case management session, the Arbitrator issued procedural directions for the exchange of particulars, the filing of witness declarations in lieu of oral evidence in chief, the preparation of a joint book of documents, and the scheduling of a videoconference hearing with time limits on oral evidence and cross-examination.
Employer's use of surveillance cameras for spot checks and live monitoring of staff breached collective agreement.
The Union filed a grievance challenging the Employer's use of surveillance cameras to monitor the performance of correctional officers, alleging it breached Appendix COR10 of the collective agreement.
The Arbitrator found that the Employer's use of surveillance video to investigate serious incidents and incidentally discovering unrelated misconduct did not violate the agreement.
However, the Arbitrator ruled that live monitoring of an officer during a Code Blue and conducting spot checks of surveillance video to ensure compliance with shift changeover procedures breached the collective agreement, as the Employer failed to establish the reasonable necessity of these privacy intrusions.
Employer's motion to dismiss grievance for delay denied; employee not required to forensically audit pension statements.
The employer brought a motion to dismiss a grievance regarding missing pension contributions on the basis that it was not filed within the 30-day time limit set out in the collective agreement.
The grievor discovered in 2014 that there was an 18-month period in 1993-1994 with no pension contributions, and learned in 2015 that the employer was responsible for failing to remit the withheld funds.
The employer argued the grievor ought reasonably to have discovered the issue much earlier by reviewing his annual pension statements.
The arbitrator dismissed the motion, finding it was not reasonable to expect an employee to conduct a detailed forensic analysis of annual statements to verify that every deducted contribution had been properly remitted, absent any indication of a problem.
The grievance was deemed timely.
Motion to dismiss bad faith claim granted as union's particulars failed to establish a prima facie case.
The employer brought a motion to dismiss the union's claim that it acted in bad faith in meeting its obligations under Minutes of Settlement regarding the grievor's return to work and placement in a case worker position.
The union alleged the employer failed to properly integrate the grievor and set him up for failure.
The arbitrator found that the union's particulars, even if accepted as true, did not support a prima facie case of bad faith, as they did not show deliberate actions designed to undermine the grievor's success.
The employer's motion to dismiss the bad faith claim was granted.
Accommodation delay breached the Code; harassment claim failed.
In a grievance arising from prolonged disability leave and failed return-to-work efforts, the union alleged harassment and a breach of the employer’s duty to accommodate a worker with PTSD who was medically unable to work within the employing agency.
The arbitrator held the employer was entitled to seek clarification of early medical information, but after receiving a clear medical report it unreasonably persisted in exploring accommodation within the same agency and delayed entry into the health reassignment process for many months.
The harassment allegation failed because the impugned conduct, though misguided and discriminatory in part, did not objectively constitute vexatious or abusive workplace conduct.
The grievance was allowed in part, with declarations of discrimination and an award of $20,000 for injury to dignity, feelings and self respect, but no lost wages or immediate placement order.
Arbitrator issues case management directions setting schedule for production and particulars.
The Arbitrator issued case management directions in a grievance arbitration between the union and the employer.
The directions established a schedule for the exchange of production and particulars regarding issues of discipline, abandonment, harassment, discrimination, and screening out, as well as a deadline for the employer to provide notice of any preliminary issues.
Job competition re-run ordered where employer relied exclusively on interview scores and ignored demonstrated ability.
The grievor challenged the outcome of a job competition for a Senior Food Services Officer (Cook 3) position.
The employer relied exclusively on interview scores to select the successful candidate, failing to consider the grievor's years of actual experience performing the duties of the posted position.
The arbitrator found that this exclusive reliance on interview scores, without considering demonstrated ability, violated the collective agreement's requirement to give primary consideration to qualifications and ability.
The arbitrator ordered the competition to be re-run, noting that the interview format also disadvantaged the grievor as a non-native English speaker.
Grievor awarded Long Term Income Protection any-occupation benefits for the period of 2015 to 2020.
The union appealed the denial of Long Term Disability Benefits for the grievor's any-occupation period beginning July 15, 2015.
Following a hearing, the arbitrator directed that the claimant receive LTIP any-occupation benefits from July 15, 2015, to December 14, 2020.
The insurer was directed to continue administering the claim in accordance with the collective agreement, and the claimant retained the right to appeal any future denial.
