G. Leeb

During a grievance hearing concerning allegations that workplace harassment caused the grievor's stress and anxiety, the Employer sought production of the grievor's decoded OHIP summary for a period predating the allegations.

The Union opposed the request, arguing it was premature and overly broad.

The Board granted the Employer's request, finding that the grievor's pre-existing medical condition and causation were significant issues in dispute.

The Board ordered production subject to conditions limiting access to Employer counsel and restricting its use to the defense of the grievance.

The Union brought a motion for interim relief regarding the Employer's decision not to renew a temporary transfer agreement for a classified court reporter.

The grievor had been temporarily transferred to the Milton courthouse due to a phobia of highway driving that made commuting to the new Dufferin/Finch location difficult.

The Employer decided not to renew the agreement due to operational concerns regarding the grievor's inability to type transcripts after hours and ongoing conflict and harassment allegations between the grievor and her manager.

The Board found it had jurisdiction and that there was an arguable case on the merits, but denied the motion because the balance of harm favoured the Employer, given the operational concerns and the potential for continuing conflict.

The union sought an interim relief order directing the employer to place the grievor in an appropriate position accommodating his medical restrictions, outside of a correctional facility, pending the hearing of his grievance alleging harassment and discrimination based on sexual orientation.

The employer opposed, arguing the relief was akin to a final order and should only preserve the status quo.

The Grievance Settlement Board held it had jurisdiction to order interim relief requiring positive action under s. 48(12)(i) of the Labour Relations Act, 1995.

Finding that the union had an arguable case and that the potential harm to the grievor's health and finances outweighed any inconvenience to the employer, the Board granted the motion and ordered the employer to make best efforts to accommodate the grievor within 30 days, or place him back on the payroll.

The union filed a grievance alleging the employer failed to make reasonable efforts to secure employment for bargaining unit members affected by the closure of several facilities and the transfer of their functions to broader public sector agencies.

The employer argued its efforts, which included holding an information day and sending letters to receiving agencies, were sufficient.

The Grievance Settlement Board found the employer's efforts were de minimis and failed to meet the collective agreement's requirement to make reasonable efforts.

The Board directed the employer to hold meetings with the union, negotiate placements with financial incentives, and keep detailed records of surplusing activities.