Barry Roberts

The grievor, a construction labourer at a nuclear generating station, was discharged after being found in possession of marijuana and admitting to smoking it at work.

The union grieved the discharge, arguing that the employer's investigation violated the grievor's Charter rights and that his drug use was rooted in an addiction requiring accommodation.

The Ontario Labour Relations Board dismissed the grievance, finding that the employer had just cause for discharge given the safety-sensitive nature of the nuclear facility and the employer's zero-tolerance policy.

The Board held that independent evidence established the misconduct regardless of the Charter claims, and there was insufficient evidence to prove the grievor was addicted or had a reliable recovery program.

The union filed a grievance alleging the employer violated the collective agreement by denying reporting pay to afternoon shift employees who were sent home due to severe weather.

The employer had determined that gale-force winds and flying debris created an emergency endangering employee safety, necessitating a shutdown of the shift.

The Ontario Labour Relations Board dismissed the grievance, finding that the collective agreement granted the employer the subjective discretion to determine when an emergency shutdown was necessary to protect life and safety.

The Board concluded the employer's decision was not arbitrary, discriminatory, or in bad faith, and was in fact reasonable under the circumstances.