James Craig

The arbitrator issued a consent order directing the Employer to produce an Investigation Report and related materials to the Union.

The production was made subject to strict confidentiality conditions, including restrictions on copying, sharing, and retaining the documents, to ensure they are used solely for the purpose of preparing for arbitration.

The Union sought production of a 'Workplace Culture Review' document in relation to grievances alleging a toxic workplace, harassment, and bullying.

The Employer opposed production, arguing the document was not arguably relevant and its disclosure could be detrimental to workplace culture.

The Arbitrator found the document arguably relevant as it flowed from and addressed the issues raised in the grievances.

To mitigate potential harm to the workplace and preserve settlement opportunities, the Arbitrator ordered the document produced only to Union counsel and the assigned Grievance Officer, subject to the implied undertaking rule.

The parties requested a procedural order to consolidate several grievances and establish a schedule for the production of particulars and future hearings.

The Arbitrator issued a consent order consolidating three grievances, setting a deadline for the union to provide detailed particulars, and scheduling future dates to address unreferred grievances and preliminary issues.

The grievance pertains to a written letter of reprimand.

The grievor also received a subsequent 1-day suspension, which is the subject of another grievance.

The parties agreed that if the suspension grievance is referred to arbitration, it will be consolidated with the instant grievance.

The arbitrator encouraged the parties to consider waiving the Step 2 meeting for the suspension grievance and to canvass other outstanding grievances for potential consolidation.

The hearing will continue on May 10, 2023.