Elba Bendo

The grievor refused to sign a mandatory confidentiality agreement related to a Design-Build project, arguing it exceeded management's authority and conflicted with existing legislation.

He was subsequently removed from the project.

The Union filed a grievance alleging a breach of management rights and, on the eve of the hearing, raised a claim of unjust discipline.

The Employer brought preliminary motions arguing improper expansion of the grievance and failure to disclose a prima facie case.

The Grievance Settlement Board allowed both motions, finding the unjust discipline claim was a distinct issue not inherent to the original grievance, and that the Employer's requirement to sign the confidentiality agreement did not violate the collective agreement or conflict with statutory obligations.

In a discharge grievance, the parties agreed at the first hearing date that a production order was necessary.

The Grievance Settlement Board directed the Ministry to disclose and produce all arguably relevant documents in its possession.

The parties were also directed to discuss whether a subpoena was required for documents currently in the possession of the London Police Services.

The union grieved a five-day suspension imposed on the grievor for possessing and using a cellphone while on duty and failing to follow a manager's directive.

The parties agreed to a bottom-line decision.

The arbitrator found just cause for discipline but reduced the penalty to a one-day suspension.

The Grievance Settlement Board heard representations from the union and the employer regarding proceeding with a scheduled hearing.

The Board ordered the hearing scheduled for June 3, 2015, to be adjourned to October 19, 2015.