41 total
Board ordered release of police records produced under summons to both parties' counsel.
In an interim decision, the Grievance Settlement Board addressed the production of documents by the Toronto Police Service in response to a summons requested by the employer.
A representative of the Toronto Police Service attended the hearing and presented the requested materials.
After hearing submissions, the Arbitrator ordered the Board to provide copies of the documents to both union and employer counsel, with the union reserving its rights regarding the materials for the reconvened proceedings.
Disciplinary suspension rescinded due to concerns with the employer's investigation into the workplace incident.
The union filed grievances alleging the employer failed to protect the grievor's health and safety following a workplace incident and issued a 1-day disciplinary suspension without cause.
The arbitrator proceeded via mediation/arbitration under the collective agreement.
Finding concerns with the employer's investigation into the incident, the arbitrator rescinded the disciplinary suspension and remitted the matter to the parties to craft an appropriate remedy.
Union ordered to produce particulars of harassment allegations and seek grievor's medical records.
In a grievance arbitration, the Employer sought production of particulars and medical records.
The Arbitrator ordered the Union to produce particulars of its allegations of harassment and discrimination, as well as any other allegations it bears the onus of proving.
The Arbitrator further ordered the Union to seek the grievor's medical records for a period commencing three years prior to hire and to produce agreed-upon records to the Employer, with any disputes to be resolved through an agreed process.
Arbitrator ordered disclosure of an investigation report on consent subject to strict confidentiality conditions.
The Union sought disclosure of an Investigation Report in the context of a grievance arbitration.
During a conference call, the parties consented to the disclosure of the report subject to strict confidentiality conditions.
The Arbitrator ordered the Employer to disclose the report, stipulating that it remain in Union Counsel's possession, be reviewed by the grievor only in counsel's presence, not be copied electronically, and be destroyed at the conclusion of the litigation.
Grievances dismissed; collective agreement does not guarantee 40-hour workweek for seasonal Classroom Assistants.
The Union filed group grievances on behalf of Classroom Assistants working in provincially-operated special needs schools, alleging the Employer violated the collective agreement by limiting their hours of work to 36.25 hours per week instead of 40.
The Employer brought a motion to dismiss the grievances for failing to make out a prima facie case.
The Arbitrator found that the collective agreement provisions relied upon by the Union, including the Salary Schedule and Article 32.2.1, did not create an entitlement to a minimum of 40 hours of work per week for seasonal employees.
The motion was granted and the grievances were dismissed.
Employer's preliminary motion to strike union's defamation allegations in discharge grievance granted.
In a discharge grievance, the union advanced positive allegations that the employer defamed the grievor in seven instances.
The employer brought a preliminary motion to dismiss five of these instances on the grounds that they failed to disclose a prima facie case, were protected by absolute or partial privilege, or constituted an improper expansion of the grievance.
The arbitrator granted the employer's motion in its entirety, issuing a bottom-line decision dismissing the five defamation allegations due to inadequate particulars, application of privilege, and improper expansion of the grievance.
Arbitrator strikes union particulars that violate three-year rule and improperly expand individual health and safety grievance.
The Union filed an individual grievance on behalf of a Probation and Parole Officer alleging the Employer failed to take reasonable precautions for his health and safety, specifically challenging the Personal Safety Training program.
The Employer raised preliminary objections to the Union's particulars.
The Arbitrator granted the Employer's motions to strike particulars that referred to events occurring more than three years before the grievance, applying the Board's three-year rule.
The Arbitrator also struck particulars relating to the Workplace Violence Risk Assessment and other general policies, finding they improperly expanded the scope of the individual grievance.
Finally, the Arbitrator ruled that any remedies available under the individual grievance would be limited to the grievor personally, rather than applying to the bargaining unit as a whole.
Arbitrator issues orders resolving pre-hearing document production disputes between union and employer.
The parties encountered difficulties regarding pre-hearing production of documents.
The arbitrator made several oral orders, confirmed in this decision, directing the union and grievor to produce documents they intend to rely on, directing the employer to make inquiries regarding specific documents including a Mutual Aid Report and training materials, and directing the union to file full particulars of any defamation claim.
Arbitrator orders Coroner to produce investigation statements regarding fatal fire, subject to confidentiality conditions.
The union sought an order for the Office of the Chief Coroner to produce investigation statements relating to a fire at Place Mont Roc that resulted in two fatalities.
Neither the employer nor the Coroner opposed the production.
The Arbitrator ordered the Coroner to produce the requested documents, subject to standard confidentiality conditions restricting their use to the instant proceeding.
OPP directed to produce fire investigation file to union, subject to redactions.
The union sought an order directing the Ontario Provincial Police (OPP) to produce its investigation file regarding a fire at Place Mont Roc.
The employer did not oppose production, reserving its right to object to relevance and admissibility.
The OPP agreed to produce the entire file, subject to redactions for law enforcement or third-party interests, estimating a six-month timeline due to volume.
The arbitrator directed the OPP to produce the file and remained seized of any issues relating to production.
Confidentiality order issued restricting use of produced documents to the instant proceedings.
The parties agreed to a process for the production of certain documents.
The Arbitrator issued a confidentiality order directing that any documents produced be disclosed only to the parties and used solely for the purposes of the instant proceedings.
Production of documents held by the Office of the Fire Marshall ordered on consent subject to confidentiality.
The union renewed its request for the production of documents held by the Office of the Fire Marshall, which had previously been denied due to an ongoing OPP investigation.
On consent of the parties, including the OPP, the Grievance Settlement Board ordered the documents produced forthwith, subject to strict confidentiality conditions limiting access to counsel and one instructing client, and requiring any such documents marked as exhibits to be sealed.
Production of documents denied temporarily to protect the integrity of an ongoing police investigation.
The union sought production of documents in the employer's possession.
The employer acknowledged relevance but notified the Ontario Provincial Police (OPP) because the documents formed part of an ongoing criminal investigation.
The OPP opposed production, arguing it could compromise the investigation into potential arson and criminal negligence causing death.
Applying the Wagg test, the Grievance Settlement Board declined to order production at this time to protect the integrity of the ongoing investigation, but allowed the union to renew its request in six months or if circumstances materially change.
Board limits evidence of alleged employer misconduct to events within three years of the grievance.
The union grieved the discharge of a Fire Inspector, alleging it was without just cause and a reprisal for exercising rights under the Occupational Health and Safety Act.
The union sought to adduce evidence of events dating back over a decade to establish a pattern of improper conduct.
The employer raised a preliminary objection, arguing the evidence should be limited to events occurring within three years of the grievance, relying on the Board's 'rule of thumb'.
The Board upheld the employer's objection, finding no reason to depart from the three-year rule and noting that many of the older events had already been the subject of prior complaints and settlements.
The Board restricted the evidence to events within three years of the grievance, with a limited exception allowing reliance on the documents establishing the prior settlements.
Grievance alleging insufficient training on the Attendance Support and Management Program dismissed.
The union grieved that the employee did not receive sufficient training on the Attendance Support and Management Program prior to its implementation.
The employee had been placed into level 3 of the program due to absences but was later removed based on his attendance history.
The Grievance Settlement Board found no breach of the collective agreement and dismissed the grievance.
Request for production of hiring competition documents denied as materials were provided, irrelevant, or non-existent.
The applicant filed a Request for Order During Proceedings seeking the production of documents related to a hiring competition, including interview notes, test questions, and reference checks of another candidate.
The Tribunal declined to order production, noting that the respondent had already agreed to provide typed copies of handwritten notes and other relevant materials.
The requested test questions were found not arguably relevant because the applicant had been waived through those stages of the competition.
The Tribunal also noted it cannot order the production of non-existent documents.
Grievances over temporary assignment dismissed as employer exercised management discretion in good faith.
The union filed grievances on behalf of two Rehabilitation Officers who alleged they should have been given a temporary assignment as a Probation and Parole Officer instead of a less senior employee.
The union argued the assignment should have been posted under the collective agreement, or alternatively, that the employer exercised its discretion in bad faith by deliberately tilting the field in favour of the successful candidate.
The Grievance Settlement Board found that the assignment was for less than six months and thus exempt from the posting requirements.
The Board also found that the employer's decision was made in good faith for genuine government purposes, based on the successful candidate's expressed interest, volunteer experience, and positive references, rather than any improper motive.
The grievances were dismissed.
Procedural directions issued for particulars, document exchange, medical records production, and peremptory hearing dates.
The Grievance Settlement Board issued procedural directions in a grievance arbitration.
The Union was ordered to provide full particulars of discrimination, harassment, and health and safety allegations.
The parties were directed to exchange relevant documents.
The grievor was ordered to sign consents for the release of medical records, failing which his claim for damages based on his medical condition would not be considered.
Peremptory hearing dates were set for February 2016.
Human rights application deferred pending resolution of concurrent union grievance before the Grievance Settlement Board.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming incorrect payment of her salary while receiving workplace safety and insurance benefits.
A union grievance dealing with the same issues was pending before the Grievance Settlement Board.
The Tribunal deferred consideration of the application until the conclusion of the arbitration, noting the significant overlap of facts and issues and the arbitrator's jurisdiction to apply the Human Rights Code.
Preliminary objection upheld dismissing grievance allegations regarding Schedule A as grievors did not hold designated positions.
The union filed grievances on behalf of over one hundred grievors alleging improper balancing of hours, including alleged violations of Appendix COR1 Schedule A. The employer raised a preliminary objection that the Schedule A issues should be dismissed because none of the grievors worked in a designated Schedule A position.
The Vice-Chair upheld the preliminary objection and dismissed those specific allegations.
