170 total
Allegation of breach of settlement dismissed where employer searched for but could not locate missing posters.
The Union alleged that the Employer breached a Memorandum of Settlement by failing to locate and return Black History Month posters from 2013 to the grievor, and that the Employer misled the grievor into signing the settlement knowing the posters were destroyed.
The Grievance Settlement Board dismissed the allegations, finding that the Employer fulfilled its obligation to assist in searching for the posters, and that there was no evidence to support the claim that the Employer misled the grievor.
Employer's motion to bifurcate accommodation and abandonment grievances dismissed; most particulars permitted to establish harassment pattern.
The Employer brought preliminary motions to bifurcate the proceedings and to strike certain particulars provided by the Union.
The grievances alleged a failure to accommodate the grievor's physical and psychological restrictions, leading to her refusal to return to an unsafe workplace and her subsequent termination for job abandonment.
The Grievance Settlement Board dismissed the motion to bifurcate, finding that the issues were intertwined and bifurcation would not increase efficiency.
The Board allowed the motion to strike particulars regarding the OPSEU Pension Trust as being too remote, but permitted the remaining particulars, including those pre-dating May 1, 2013, as they were relevant to establishing a pattern of harassment and the ongoing accommodation process.
Union precluded from relying on previously settled issues and unrelated post-grievance conduct in harassment grievance.
The union filed a grievance alleging harassment and failure to provide a healthy and safe work environment.
The employer raised preliminary objections to certain particulars filed by the union, arguing they related to a previously settled grievance and to post-grievance conduct.
The Grievance Settlement Board upheld the employer's objections, striking the particulars.
The Board held that the sanctity of settlements precluded the union from resurrecting issues from a withdrawn grievance, even without explicit release language.
Furthermore, the post-grievance conduct involving a different manager nine months later was deemed inadmissible as it could not establish a pattern of harassment relevant to the original grievance.
Employer's preliminary objection dismissed; right to object to untimely grievance referral waived by taking fresh steps.
The employer brought a preliminary motion objecting to the Board's jurisdiction on the basis that the union's referral to arbitration was untimely.
The union conceded the referral was late but argued the employer waived its right to object.
The Board found that the employer failed to raise the timeliness objection regarding the referral for approximately one year, during which time it engaged in discussions about the merits, sought particulars, and scheduled arbitration dates.
The Board concluded these actions constituted a 'fresh step', thereby waiving the employer's right to rely on the time limits.
The employer's motion was dismissed and the grievance was ruled arbitrable.
Grievances over employer's refusal to pay external training costs dismissed as pure exercise of management rights.
Three grievors sought employer support for external training opportunities relevant to their jobs.
The employer allowed them to attend on paid work time but refused to cover the external training costs ($50 and $113).
The union grieved, arguing the employer improperly exercised its discretion by rigidly applying a policy against paying external training costs.
The Grievance Settlement Board dismissed the grievances, finding that the collective agreement provided no right to training and the employer's decision was a pure exercise of management rights, unconstrained by the agreement and not subject to review absent bad faith.
Grievances dismissed; newly created position required higher skills and was not identical to eliminated position.
The union filed grievances alleging the employer contravened the collective agreement by declaring Team Lead positions surplus and laying off the incumbents, while simultaneously creating a new Payroll/Benefits Production Analyst position.
The union argued the two positions were essentially the same and the employer acted in bad faith to circumvent seniority rights.
The arbitrator found that the new position required a greater knowledge base and higher skill level, and was therefore a significantly different job.
The arbitrator concluded the employer acted reasonably and in good faith for legitimate business purposes when reorganizing the branch to improve efficiency.
The grievances were dismissed.
Employer ordered to comply with prior policy grievance decision by February 2, 2015 without retroactivity.
Following a policy grievance decision issued on December 10, 2013, the parties convened to address implementation issues pursuant to article 22.16 of the collective agreement.
The Grievance Settlement Board ordered the Employer to comply with the previous decision by February 2, 2015, and determined that the decision applies to all institutions within the relevant ministries.
The Board also ruled that there would be no retroactive remedial entitlement prior to February 2, 2015.
Consent order issued for the disclosure of the grievor's medical information subject to confidentiality conditions.
The parties appeared before the Grievance Settlement Board regarding two individual grievances.
During the hearing, the parties dealt with preliminary and procedural issues, including timelines for production and particulars.
The parties agreed to a consent order regarding the disclosure of the grievor's medical information, subject to conditions ensuring confidentiality, limited access, and secure destruction of the documents at the close of the proceeding.
The Board issued the consent order as agreed.
Human rights application deferred pending completion of concurrent grievance arbitration on the same issues.
The applicant alleged discrimination under the Human Rights Code when she was not hired for a full-time cook position.
The respondent requested that the application be deferred because a grievance had been filed and referred to arbitration regarding the same matter.
The Tribunal deferred the application pending the completion of the grievance proceeding to avoid concurrent proceedings and inconsistent decisions.
Motion to dismiss grievances granted; particulars failed to disclose a prima facie case of sexual harassment.
The Employer brought a motion to dismiss four of fifteen grievances filed by the grievor alleging sexual harassment, failure of duty of care, and a poisoned work environment.
The Employer argued that the particulars provided by the Union disclosed no prima facie violation of the collective agreement.
The Union argued that the incidents should be viewed contextually, relying on a previous 2008 grievance settlement.
The Grievance Settlement Board held that the 2008 decision was made on a without prejudice basis and could not be used to bolster the current grievances.
The Board found that the particulars, even if accepted as true, did not demonstrate a prima facie case of sexual harassment or trigger the Employer's duty to respond.
The Employer's motion was upheld and the four grievances were dismissed.
Grievance dismissed; employer did not violate collective agreement by having manager triage after-hours call.
The union grieved that an on-call inspector was not contacted for an after-hours critical injury report, depriving him of premium pay.
The Spills Action Center contacted the on-call manager instead, who determined no site visit was necessary.
The arbitrator dismissed the grievance, finding no collective agreement provision was violated and the manager's triage function was consistent with employer policy.
Grievances alleging unjust discipline and improper delay in notification of a harassment complaint dismissed.
The grievor, a union president, filed two grievances.
The first alleged unjust discipline arising from a letter ordering him to attend an allegation meeting after he refused to name bargaining unit members he saw smoking in the workplace.
The second alleged the Employer violated the collective agreement by failing to promptly notify him that he was named as a respondent in a workplace harassment complaint.
The Grievance Settlement Board dismissed both grievances.
The Board found the letter was non-disciplinary in nature, though it ordered one problematic paragraph removed.
Regarding the harassment complaint, the Board found no evidence that the delay in notification caused any risk or harm to the grievor.
Employer's motion to dismiss grievances challenging the surplussing of Team Lead positions denied.
The Employer brought a motion to dismiss several grievances filed by employees whose Team Lead positions were declared surplus.
The Union alleged that the Employer improperly surplussed the employees by creating a new, higher-paying position with the same duties and responsibilities, thereby violating the Collective Agreement.
The Grievance Settlement Board denied the Employer's motion, finding that the Union's allegations disclosed an arguable case of an improper lay-off.
The matter was directed to continue on its merits.
Unslotted fixed term correctional officers are entitled to daily overtime when extending pre-scheduled shifts.
The Union filed a policy grievance regarding the overtime pay entitlement of unslotted Fixed Term Correctional Officers (FTE/COs) at the Vanier Centre for Women.
The Union argued that when a FTE/CO fills in for a Regular Full Time Correctional Officer and works beyond the scheduled shift hours, they are entitled to overtime under article 31A.3.1(b) of the collective agreement.
The Employer contended that FTE/COs do not have regularly scheduled work days and thus fall under a different provision requiring them to exceed 40 hours a week for overtime.
The Grievance Settlement Board held that because the shifts themselves are regularly scheduled under a compressed work week agreement, a FTE/CO filling in for such a shift is working on a regularly scheduled work day.
The grievance was allowed, entitling FTE/COs to overtime pay for shift extensions.
Human rights application deferred pending conclusion of concurrent grievance arbitration raising overlapping issues.
The applicant filed a human rights application alleging discrimination, harassment, and reprisal regarding workplace accommodation.
Concurrently, his union had filed grievances on his behalf concerning discipline and failure to accommodate.
The Tribunal considered whether to defer the application pending the conclusion of the grievance proceeding.
Applying the factors from Baghdasserians, the Tribunal found that deferral was appropriate given the substantial overlap in facts, issues, and remedies between the two proceedings, and the potential for inconsistent findings.
The application was deferred.
Employer must schedule 147 correctional officers daily but retains management right to assign outside duties.
The Union grieved the Employer's scheduling practices under a Compressed Work Week Agreement at the Elgin Middlesex Detention Centre.
The parties asked the Grievance Settlement Board to determine two questions regarding staffing levels.
The Board held that the agreement requires the Employer to schedule 147 classified Correctional Officer positions per day and make every effort to backfill them if absent.
However, the Board found that the agreement does not restrict the Employer's management right to assign those officers to duties outside the building, such as escort duties, during their shifts.
Pre-2009 discrimination allegations dismissed as untimely; pursuing internal grievances does not justify delay.
The applicant filed a human rights application alleging race and disability discrimination, as well as reprisal, during her employment with the respondent Ministry.
The respondents challenged the timeliness of the application, as most allegations occurred more than a year before filing.
The Tribunal held a preliminary hearing to determine if the untimely allegations formed a 'series of incidents' with the timely reprisal claim or if the delay was incurred in good faith.
The Tribunal found that allegations prior to May 2009 were discrete and separated by temporal gaps, and thus did not form a series of incidents.
Furthermore, the applicant's pursuit of internal grievances did not constitute a good faith reason for the delay.
The allegations prior to May 2009 were dismissed as untimely.
Request to defer human rights application to internal workplace investigation denied.
The respondent requested to defer the human rights application pending the outcome of an internal workplace discrimination and harassment prevention policy investigation.
The Tribunal denied the request, finding that an internal investigation is not a legal proceeding that could lead to inconsistent findings of fact and law, and therefore deferral was not appropriate.
Non-suit motion granted; union failed to prove province-wide practice of assigning triage work to bargaining unit.
The union grieved that the employer violated the collective agreement by allowing managers to perform bargaining unit work, specifically receiving and investigating work refusals in correctional facilities.
At the conclusion of the union's case, the employer moved for a non-suit.
The Grievance Settlement Board granted the non-suit motion, finding that the union failed to adduce sufficient evidence to establish its claim of a uniform province-wide practice of assigning such triage work to bargaining unit personnel.
Human rights application dismissed as abandoned after applicant failed to attend summary hearing.
The applicant filed an application under section 34 of the Human Rights Code.
A summary hearing was scheduled to determine if the application had a reasonable prospect of success.
The applicant failed to attend the summary hearing despite receiving proper notice.
The respondents requested that the application be dismissed as abandoned.
The Tribunal dismissed the application as abandoned due to the applicant's failure to attend.
