64 total
Employer's motion to dismiss grievances for undue delay denied despite unreasonable delay by the Union.
The Employer brought a preliminary motion to dismiss six grievances filed by the Union on behalf of a correctional officer, arguing undue delay pursuant to the doctrine of laches.
The grievances involved allegations of harassment, discrimination, and a disciplinary suspension.
The Arbitrator found that the delay of up to four and a half years was unreasonable and attributable to the Union, which failed to advance the grievances through the local mediation-arbitration protocol.
However, balancing the rights of the parties, the Arbitrator concluded that while the Employer suffered some prejudice due to faded memories, it was not sufficient to make it clearly improper to proceed.
The motion to dismiss was denied.
Consent award issued directing grievor's placement in Health Reassignment Program and scheduling future hearing dates.
The union filed a grievance alleging the employer discriminated against the grievor by forcing her onto an approved unpaid leave of absence due to medical issues.
At the hearing, the parties requested a consent award.
The arbitrator issued the consent award, directing the grievor's placement into the employer's Health Reassignment Program, outlining steps for job search parameters, medical restrictions, and LTIP applications, and scheduling future hearing dates.
Case management direction issued setting schedule for production and hearing of termination grievance.
The union grieved the termination of the grievor's employment for alleged job abandonment.
Following mediation sessions, the parties agreed to a process for litigating the grievance using an Agreed Statement of Fact and Will-Say Statements.
The arbitrator issued a case management direction setting out the schedule for pre-hearing production, document delivery, and future hearing dates.
Employer's motion to dismiss grievances for abuse of process denied as delays were not the grievor's fault.
The employer brought a motion to dismiss several grievances, alleging the grievor abused the arbitration process through hearing delays, cancellations, and failing to attend a scheduled hearing on time.
The Grievance Settlement Board reviewed the history of the proceedings and found that the delays and cancellations were due to various administrative issues, illness, and changes in counsel, rather than the grievor's conduct.
Regarding the missed hearing, an agreed statement of facts confirmed the grievor did not receive notice of the hearing until after it had commenced.
The motion to dismiss for abuse of process was denied.
Case management schedule set with warning of potential dismissal for failure to produce medical records.
The union filed a grievance following the termination of the grievor's employment.
The employer requested pre-hearing production of the grievor's medical records, but the grievor failed to sign the necessary release forms despite multiple case management decisions.
At a hearing, the parties agreed to a new case management schedule for the production of records and a subsequent mediation/arbitration date.
The arbitrator warned the grievor that further failure to participate could result in the dismissal of the grievance.
Arbitrator orders mutual production of documents and imposes confidentiality conditions on grievor's medical records.
During an adjournment of a grievance arbitration, the parties met with the arbitrator to discuss ongoing requests for the exchange of production.
The employer agreed to provide the union with the grievor's WDHP, disability accommodation, and corporate medical files by a specified date.
The union agreed to disclose the grievor's medical file for a specific period, subject to strict confidentiality conditions restricting its use and dissemination.
The arbitrator issued an order reflecting these agreements and scheduled the next hearing date.
Arbitrator records parties' procedural agreements and schedules continuation dates for grievance arbitration.
The parties convened for a grievance arbitration regarding a seven-day suspension.
After unsuccessful mediation, the parties agreed on procedural steps to manage hearing time efficiently, including the use of Will-Say statements for the employer's witnesses.
The arbitrator recorded the parties' agreements and scheduled continuation dates for the hearing.
Arbitrator directs grievor to advise employer of intent to settle or proceed to hearing.
The Grievance Settlement Board issued a procedural direction regarding outstanding grievances filed by the Union on behalf of the grievor.
Following two years of mediation that resolved all other grievances, the grievor's matters remained unresolved.
The Arbitrator directed the grievor to advise the employer by December 5, 2025, whether she intends to make a settlement offer or proceed to a hearing on the merits scheduled for January 2026.
The employer reserved the right to seek dismissal for abuse of process if the matter proceeds.
Grievor warned that failure to communicate with union or attend mediation may result in dismissal.
The union filed a grievance after the grievor was declared to have abandoned his position and his employment was terminated.
During a conference call, union counsel reported that the grievor had not communicated with the union despite numerous attempts.
The arbitrator issued a decision strongly urging the grievor to contact the union and warning that any future failure to attend a mediation or hearing without adequate notice or explanation could lead to the dismissal of the grievance.
Grievance over schedule change dismissed; employer had management right to require 5x8 work week.
The union filed a grievance alleging the employer violated the collective agreement by requiring Transmission Maintenance Employees to work five 8-hour days instead of four 10-hour days.
The union argued the employer was estopped from changing the schedule and that the change was a reprisal.
The arbitrator dismissed the grievance, finding no jurisdiction to order the employer to enter into a compressed work week arrangement absent a collective agreement violation.
The estoppel argument failed because the union signed the renewal memorandum of agreement after being notified of the schedule change, and the reprisal argument lacked particulars.
Arbitrator issues case direction setting schedule for prehearing production and mediation in termination grievance.
The parties met to mediate a settlement of a termination grievance but determined that prehearing production was necessary.
The arbitrator issued a case direction outlining the agreed-upon schedule for prehearing production, exchange of documents, and a subsequent mediation date.
Union's request to adjourn grievances sine die due to grievor's health denied; timeline extended.
The union requested that two grievances regarding the employer's refusal to allow the grievor to work remotely be adjourned sine die due to the grievor's health issues.
The employer refused, arguing that undue delay would prejudice its ability to defend itself.
The arbitrator denied the request for an adjournment sine die, finding it should only be ordered when no other reasonable option is available.
Instead, the arbitrator ordered an extended timeline for the union to provide full particulars and disclosure, with provisions for further extensions if supported by medical certification.
First grievance dismissed as untimely; motion to dismiss remaining grievances for no prima facie case denied.
The union filed three grievances alleging that the employer engaged in a course of harassment and reprisals against employees who raised safety concerns.
The employer brought preliminary motions to dismiss the first grievance as untimely and to dismiss all grievances for failing to establish a prima facie case.
The arbitrator found the first grievance was filed months late and declined to exercise discretion to extend the time limits, noting the lack of credible reasons for the delay.
However, the arbitrator dismissed the employer's motion regarding no prima facie case, finding that the union's particulars, if accepted as true, were capable of supporting its legal theory of a pattern of harassment and reprisals.
The remaining grievances will proceed to a hearing on the merits.
Union's request for production of non-investigated colleagues' telematics data denied as a fishing expedition.
The Union sought a production order for the telematics data of six inspectors who were not part of the underground economy project, arguing it was relevant to the grievor's termination for alleged overtime fraud.
The Employer opposed the request, arguing it was a fishing expedition and the documents were not relevant.
The Arbitrator denied the request, finding no factual foundation to support the claim that the other inspectors engaged in similar conduct or that the Employer knew of any such misconduct, distinguishing the case from situations where unequal discipline for known identical misconduct was at issue.
Procedural order amended to require grievor to attend virtual hearings from her new work location.
The employer requested an amendment to a previous procedural order regarding the location from which the grievor was required to attend virtual hearings.
The grievor had transferred to a new work location and could no longer access the previous location.
The union opposed the amendment, citing the grievor's desire to keep past issues out of her new workplace.
The arbitrator granted the employer's request and amended the order to require the grievor to attend future virtual hearings from a designated private space at her new work location.
Procedural order issued setting deadlines for document production in grievance arbitration.
The Grievance Settlement Board issued a procedural order setting deadlines for the exchange of full production, including medical documentation, between the Union and the Employer in advance of the hearing.
Consent award issued establishing a schedule for the Employer to eliminate an information disclosure backlog.
The Union filed a grievance alleging the Employer failed to meet timelines for providing information required under Letter of Understanding Appendix COR14, resulting in a backlog.
The parties requested a consent award.
The Arbitrator issued the consent award, in which the Employer acknowledged its failure to meet deadlines and agreed to take concrete steps to address the backlog, including providing regular updates and reports to the Union.
Arbitrator dismisses most of 14 grievances regarding scheduling and discipline, but awards two weeks' pay for delayed return to work.
The union filed 14 grievances on behalf of a flexible part-time registrar regarding hours of work, sick leave, discipline, return to work, and health and safety issues.
The arbitrator dismissed the majority of the grievances, finding that the employer properly applied the collective agreement regarding the scheduling of hours and payment for days attending the Grievance Settlement Board.
The arbitrator upheld a letter of discipline for insubordination but restored 1.5 hours of pay for a medical appointment.
The arbitrator also allowed the return-to-work grievances in part, directing the employer to pay two weeks' pay for failing to accommodate the grievor in a timely manner.
Consent order issued amending previous decision to require production of an investigation report subject to confidentiality conditions.
The Grievance Settlement Board issued an amendment on consent to a previous decision dated May 18, 2023.
The amendment ordered the employer to produce an investigation report and related non-privileged materials to the union, subject to strict confidentiality conditions.
The conditions restrict the copying, distribution, and retention of the documents, requiring their destruction at the conclusion of the arbitration.
Consent order issued for production of investigation report subject to strict confidentiality conditions.
The Grievance Settlement Board 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.
The Board also set deadlines for production, directed the parties to prepare a joint chart of incidents related to the grievor's termination, and scheduled further hearing days for mediation and case management.
