28 total
Employer's preliminary motions to strike particulars and dismiss grievances for lack of prima facie case denied.
The union filed two grievances: a competition grievance alleging the grievor was unfairly denied a position, and a discrimination grievance alleging the employer discriminated against her due to her union activity.
The employer brought preliminary motions to strike certain particulars in both grievances, arguing they improperly expanded the scope of the original grievances, and to dismiss the discrimination grievance for failing to establish a prima facie case.
The Arbitrator dismissed the motions, finding that allegations of unfairness were inherent to the competition grievance and that the particulars provided for the discrimination grievance were capable of supporting the alleged violations.
Employer granted extension to resolve technical difficulties and produce video evidence in discharge grievance.
The union grieved the grievor's discharge.
At the hearing, the employer was unable to provide full production of video recordings it intended to rely on due to technical difficulties in transferring the files.
The union objected to the employer's failure to produce the videos and brought a motion.
The arbitrator found that the employer had not addressed the technical issue with sufficient seriousness, but granted the employer an extension until September 30, 2024, to produce the videos and other requested documents.
If the employer fails to produce the materials, a conference call will be convened to determine next steps, including whether the employer will be permitted to rely on the events recorded in the videos.
Union's motion to exclude evidence of inmate suicide in correctional officer's discharge grievance dismissed.
In a discharge grievance involving a correctional officer terminated for failing to conduct adequate security patrols, the Union brought a motion to preclude the Employer from leading evidence about an inmate's suicide that occurred during the grievor's shift.
The Union argued the evidence was irrelevant and prejudicial since the Employer did not allege the grievor's conduct contributed to the death.
The Arbitrator dismissed the motion, finding the evidence relevant to provide context for the investigation, the penalty imposed, and the grievor's activities, though the Employer was prohibited from leading evidence to show the grievor caused the death without formally amending the grounds for discharge.
Grievances regarding hearing compensation, harassment, and pre-court preparation time dismissed.
The union referred six grievances to arbitration on behalf of a court registrar.
Two grievances alleged a loss of pay for attending previous GSB hearings; these were dismissed as the grievor was credited with his daily average hours.
Another grievance alleged discrimination and harassment after a manager emailed the grievor to ask if he was returning to work after a hearing concluded early; this was dismissed as frivolous.
The remaining three grievances alleged the employer abused its rights by failing to provide one hour of pre-court preparation time.
The arbitrator found no right to such preparation time under the collective agreement and dismissed the grievances.
Grievance seeking conversion from fixed-term to regular service dismissed for lack of continuing need.
The union filed a grievance on behalf of a fixed-term Correctional Officer, alleging the employer violated the collective agreement by failing to convert her to the Regular Service after she performed the same work for over eighteen months.
The union argued the employer's obligation under article 31A.15.1.1 was triggered.
The employer argued there was no continuing need for the specific work to be performed on a full-time basis.
The arbitrator found that the union failed to establish a continuing need for the work of the posted position to be performed on a full-time basis, and dismissed the grievance.
Arbitrator issued case management directions setting deadlines for document exchange and hearing procedures.
The Grievance Settlement Board held a pre-hearing case management conference call regarding six grievances referred under Article 22.16.1.
The Arbitrator issued directions for the expeditious and informal resolution of the grievances, setting deadlines for the exchange of documents, witness declarations, and a joint book of documents.
The hearing was scheduled for a single day with strict time limits for each party's case and oral evidence.
Union's motion for production of post-termination investigation reports dismissed for lack of arguable relevance.
The union brought a motion for the production of 73 fire investigation reports in the context of a long-standing grievance regarding the grievor's discharge.
The union argued the reports were relevant to whether the employer terminated the grievor in bad faith and continued to act in bad faith by failing to protect his professional reputation, as he was listed as the author on reports finalized after his termination.
The arbitrator dismissed the motion, finding that the post-termination conduct was not part of the essential character of the discharge grievance and that the requested documents lacked arguable relevance to the issues in dispute.
Judicial review of OLRB decisions on bad faith bargaining dismissed; tribunal's findings and remedies reasonable.
Two teachers' unions sought judicial review of Ontario Labour Relations Board decisions regarding collective bargaining with the Crown.
The OLRB had dismissed OSSTF's claim of bad faith bargaining, finding the Crown did not misrepresent its position on grid movement grievances.
The OLRB upheld ETFO's claim of bad faith bargaining but declined to award monetary damages, instead ordering a declaration and notice to members.
The Divisional Court applied the reasonableness standard and dismissed both applications, finding the OLRB's factual findings, inferences, and remedial choices were logical, transparent, and entitled to deference given its labour relations expertise.
