Jackson Donszelmann-Lund

The Employer brought a motion to dismiss the grievance on the basis that the grievor failed to comply with a Board order requiring her to provide sufficient medical documentation explaining her non-attendance at a scheduled hearing.

The grievor had provided a medical note stating she suffered from chronic pain, which the Employer argued was insufficient to explain her absence.

At the motion hearing, the grievor testified that she experienced an acute episode of excruciating pain that prevented her from attending or notifying her counsel.

The Arbitrator found the grievor's testimony credible and concluded that her conduct did not reflect a complete disregard for the proceedings, despite her inattention to the specific requirements of the Board's order.

The motion to dismiss was denied.

The Employer brought a preliminary motion to dismiss a grievance alleging a violation of the collective agreement for failing to convert the grievor from a fixed-term to a permanent employee.

The collective agreement required 18 consecutive months of performing the same work for conversion.

The arbitrator found that the grievor had only worked 16 eligible months, as one of her fixed-term contracts was to backfill a regular employee on an authorized leave of absence, which is excluded from the calculation.

The motion was granted and the grievance dismissed.

The employer brought a preliminary motion objecting to the Grievance Settlement Board's jurisdiction to hear two group grievances alleging harassment.

The employer argued that the union referred the grievances to arbitration prematurely, before the employer had the opportunity to hold a Formal Resolution Stage (FRS) meeting and issue a decision.

The arbitrator found that the employer failed to hold the mandatory FRS meeting within the 15-day time limit specified in the collective agreement.

Relying on prior Board jurisprudence, the arbitrator held that the employer's failure to hold the meeting within the mandatory time limit meant the grievance procedure had ended without a settlement, triggering the union's right to refer the grievances to arbitration.

The employer's preliminary motion was dismissed.

The Employer brought a motion to dismiss the grievance after the grievor failed to attend a scheduled hearing and subsequently failed to provide medical documentation supporting her claim of a torn rotator cuff.

The arbitrator found the grievor's explanation insufficient on its face but declined to dismiss the grievance, instead ordering the Union to provide proper medical documentation verifying the absence within 30 days.

The grievor failed to attend the scheduled grievance arbitration hearing.

The arbitrator ordered the grievor to provide a sufficient written explanation for her non-attendance by a specified date.

The employer reserved the right to seek dismissal of the grievance depending on whether an explanation is provided and its sufficiency.

The union was also ordered to provide full particulars of the grievance prior to any subsequent hearing dates.

The complainant filed a grievance regarding a disciplinary suspension without pay.

The employer raised a preliminary objection that the Board lacked jurisdiction because the complainant failed to give notice of his proposal to file a complaint within the mandatory 14-day period under O. Reg. 378/07.

The complainant argued the delay was due to being self-represented, confusion over a statutory holiday, and fear of reprisal.

The Board upheld the employer's objection, finding that the 14-day time limit is mandatory, goes to jurisdiction, and the Board has no discretion to extend it.

The complaint was dismissed.

The parties agreed to a consent order adjourning two grievances filed by the grievor.

The employer consented to the adjournment on the condition that the overtime grievances be scheduled together and proceed through the mediation/arbitration procedure.

The employer reserved the right to bring preliminary objections, and the union agreed to provide particulars in advance of the new hearing date.

The grievor failed to attend the scheduled arbitration hearing, potentially due to a family medical emergency.

The Employer consented to an adjournment on the condition that the grievor provide a suitable written explanation for her absence.

The Arbitrator ordered the grievor to provide this explanation within two weeks and cautioned that failure to do so could result in the grievance being dismissed.

The Union was also ordered to provide full particulars of the grievance at least 60 days prior to the next hearing date.