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Grievance for stand-by and on-call pay during strike dismissed as required readiness state not met.
The union filed a policy grievance claiming stand-by or on-call pay for employees designated to provide essential or emergency services during the 2002 Ontario Public Service strike.
The union argued that the designation letters and various Ontario Labour Relations Board decisions required these employees to maintain a state of readiness that satisfied the collective agreement criteria for stand-by or on-call pay.
The Grievance Settlement Board found that neither the designation letters nor the OLRB decisions required employees to maintain the specific level of availability corresponding to stand-by or on-call duty.
The grievance was dismissed.
Nurse found guilty of professional misconduct for sexual abuse of a client.
The Member, a registered nurse, faced allegations of professional misconduct for sexually abusing a psychotherapy client and failing to maintain professional boundaries.
The Member admitted to the allegations, which included hugging, kissing, and fondling the client, and continuing the therapeutic relationship despite the client's romantic attachment.
The Discipline Committee accepted an Agreed Statement of Fact and found the Member guilty of professional misconduct.
A Joint Submission on Penalty was accepted, resulting in a three-month suspension, an oral reprimand, and a two-year restriction requiring supervised practice.
Board finds intermingling following hospital merger, restructures bargaining units, and orders representation votes.
Following the merger of two hospitals, the applicant hospital applied under section 69 of the Labour Relations Act, 1995, seeking a declaration that intermingling of employees had occurred and requesting the restructuring of multiple bargaining units into two units, along with representation votes.
The responding trade unions opposed the application, arguing that the transfer of employees did not constitute intermingling and that the hospital's actions were not bona fide.
The Ontario Labour Relations Board found that intermingling had occurred due to the integration of the hospitals and the regular movement of staff between sites, which caused significant operational and labour relations difficulties.
The Board exercised its discretion to combine the existing bargaining units into a paramedical unit and a service/clerical unit, and ordered representation votes to determine the bargaining agents for the newly structured units.
Interim relief to halt operations transfer or reassign work denied pending work assignment complaint.
The applicant union sought interim relief under section 92.1 of the Labour Relations Act to prohibit the employer from relocating planing mill operations to a sawmill facility, or alternatively, an order assigning the planing work to its members pending the disposition of related unfair labour practice and work assignment complaints.
The employer planned to consolidate operations, taking the position that the relocated work would fall under the respondent union's collective agreement.
The Board found an arguable case for the work assignment but concluded the balance of harm did not favour granting interim relief, as the applicant did not challenge the employer's right to transfer operations and a temporary reassignment of work would cause equal prejudice to the respondent union.
The application for interim relief was dismissed.