Katherine Ayers

At a case management hearing regarding a grievance alleging failure to accommodate a medical disability, the arbitrator ordered the Union to produce the grievor's relevant medical records and the Employer to produce its medical records related to the accommodation requests.

The arbitrator also issued a confidentiality order governing the use and dissemination of the produced medical records.

The union filed a grievance on behalf of a worker member of the joint health and safety committee, claiming he was entitled to be paid for five hours to write a workplace inspection report and half an hour for preparation time.

The employer had authorized and paid for two hours to write the report.

The arbitrator dismissed the grievance, finding that the Occupational Health and Safety Act only entitles a worker member to time that is objectively necessary to identify hazards and inform the committee.

The grievor's request for five hours to draft recommendations usurped the role of the committee as a whole and was not necessary under the Act.

The request for preparation time was also dismissed as unnecessary or de minimis.

The parties consented to an order directing the Employer to produce an Investigation Report and related materials to the Union.

The arbitrator ordered the production subject to strict confidentiality conditions, including restrictions on copying, electronic distribution, and use of the documents solely for the purpose of the arbitration.

The parties made submissions regarding the process for a timely and efficient hearing of seven grievances filed by the grievor.

The Arbitrator issued a procedural order setting out a schedule for the exchange of written requests for particulars, production of documents, and notification of preliminary objections.

The Grievance Settlement Board issued case management directions for two consolidated grievances concerning an eight-day suspension and placement on unauthorized leave without pay for alleged failure to comply with the Ontario Public Service COVID-19 Safe Workplace Directive.

The arbitrator set a schedule for document production, witness notices, and the filing of a joint book of documents, and limited the hearing to one day with specific time allocations for each party.

The Union filed three grievances relating to a Joint Health and Safety Committee.

The first grievance alleged the employer arbitrarily directed which worker member should conduct a workplace inspection; the arbitrator found no evidence of this and dismissed the grievance.

The second grievance challenged a three-day suspension given to a worker member for insubordination after he conducted an inspection despite clear management directions not to do so; the arbitrator upheld the suspension, finding the worker was not entitled to ignore supervisory orders under the Occupational Health and Safety Act.

The third grievance sought paid time for committee members to review meeting minutes; the arbitrator dismissed this, finding the Act does not provide for such paid time outside of meeting preparation.

A dispute arose between the parties regarding the compensation owed to the grievor following his reinstatement pursuant to a prior Grievance Settlement Board decision.

The arbitrator ordered the employer to pay the grievor a further $21,628.64 within 90 days.

In a grievance arbitration regarding the employer's alleged failure to accommodate the grievor, the employer sought production of the grievor's complete medical record.

The arbitrator balanced the employer's need to present its case against the grievor's privacy interests.

The union was ordered to produce all medical records substantiating the medical restrictions at the time accommodation was sought, with the employer retaining the right to seek further production if necessary.

The arbitrator issued case management directions for three grievances (two individual, one group) referred under the Central Collective Agreement.

The directions set timelines for providing particulars, scheduling a one-day hearing, and limiting the scope and duration of oral evidence regarding whether other employees were permitted to conduct COVID-19 rapid tests at the workplace.

The parties consented to an order extending the deadline for the Union to provide particulars and documents to the Employer.

The Arbitrator ordered the Union to provide the materials by June 17, 2022, and the Employer to provide submissions on any preliminary issues by August 26, 2022.

The Union is precluded from raising new issues or providing further particulars beyond this date, subject to specific exceptions.

The union alleged the employer breached a 2003 settlement agreement requiring weekly courier delivery of job postings to the grievor.

The arbitrator found the employer had a 96.5% to 99.5% compliance rate over 19 years, delivering approximately 1,000 packages.

The grievor, who has been on long-term disability for nearly 20 years, failed to identify any jobs she would have applied for or any harm suffered from the alleged delivery failures.

The arbitrator dismissed the claims, finding no labour relations purpose in allowing the complaint to proceed, and imposed strict pleading requirements for any future complaints.