4 total
Grievance allowed; Privacy Officers at WSIB are not excluded from the bargaining unit.
The union filed a grievance asserting that Privacy Officers employed by the Workplace Safety and Insurance Board should be included in the 'all employee' bargaining unit.
The employer argued they should be excluded under the Crown Employees Collective Bargaining Act due to a conflict of interest arising from their duties, which involve privacy compliance, investigating privacy breaches, and advising management.
The Grievance Settlement Board found that the Privacy Officers do not exercise managerial functions or act in a confidential capacity regarding labour relations.
Their duties do not create a conflict of interest with being members of the bargaining unit.
The grievance was allowed, and the Privacy Officers were included in the bargaining unit.
Privacy Officers at the Workplace Safety and Insurance Board are members of the bargaining unit.
The union filed a grievance regarding whether Privacy Officers employed by the Workplace Safety and Insurance Board are members of the bargaining unit.
Following a hearing, the arbitrator issued a bottom-line decision finding that the five persons currently employed as Privacy Officers are Crown employees and are included in the bargaining unit under the collective agreement's recognition clause.
Written reasons were to follow.
Duty of fair representation complaint adjourned sine die upon agreement to remit compensation issue to arbitrator.
The applicant filed a duty of fair representation complaint against the union, seeking compensation for a specific period following an arbitration award.
At the consultation hearing, the union undertook to remit the compensation issue back to the arbitrator, and the employer agreed not to object.
Based on these undertakings, the Board adjourned the application sine die for a period not exceeding one year.
Tribunal has jurisdiction to determine if Crown is employer because issue was raised before statutory amendment.
The union filed an application seeking a declaration that the Crown was the employer of its members working at Family and Children's Services for the purposes of the Pay Equity Act.
The Crown raised a preliminary objection, arguing that subsection 1.1 of the Act prevented the Tribunal from finding the Crown to be the employer.
The Tribunal held that the exception in subsection 1.1(4)(b) applied because the issue of the Crown's status as employer had been raised in a previous application filed before December 18, 1991.
The preliminary objection was dismissed and the union's application was permitted to proceed.
One member dissented.
