Mackenzie Anderson

The Employer brought a pre-hearing motion to dismiss a group grievance for failing to make out a prima facie case.

The grievance alleged that the Employer acted unfairly by finalizing a clerk job competition one day before a warehouse worker job competition, which resulted in the successful clerk gaining greater seniority than the warehouse workers despite the warehouse workers having significantly more casual seniority.

The Arbitrator found that the Union's legal theory—that management decisions must be made fairly—was reasonable and that the asserted facts, if true, established a prima facie case of unfairness.

The Employer's motion was dismissed.

The grievor, a fixed-term employee, alleged that the employer violated the collective agreement and mistreated her after she suffered a slip and fall at work.

The employer brought a motion to dismiss the grievance for failing to make out a prima facie case, arguing that the grievor had no right to permanent employment and had failed to provide requested particulars.

The arbitrator found the motion to dismiss premature given the grievor's personal circumstances, and ordered the union to provide full particulars by a specified date, failing which the grievance would be dismissed.

The Union requested an adjournment of a virtual grievance hearing because the grievor was experiencing heightened anxiety.

The Employer initially refused but subsequently agreed to adjourn on a without prejudice basis.

The Arbitrator ordered the adjournment on the condition that the grievor provide medical documentation within three months outlining when he will be capable of participating and any required accommodations, failing which the matter may be dismissed.

The employer brought a motion to dismiss the grievance after the grievor failed to comply with a previous order from the Grievance Settlement Board.

The prior order directed the grievor to provide reasons for his non-attendance at a hearing by a specified date, failing which the grievance would be dismissed.

The union confirmed the grievor received the decision but provided no response.

The arbitrator dismissed the grievance.

The union filed a grievance alleging that the employer discriminated against and failed to accommodate a casual customer service representative by not offering her a modified premium shift on November 11, 2022, given her medical restriction against working past 4:00 p.m.

The arbitrator issued a without-precedent decision reminding the employer of its responsibilities and obligations under the Collective Agreement and the Human Rights Code with respect to the duty to accommodate.

The grievor failed to attend his termination grievance hearing and did not provide notice of his absence.

The employer requested that the grievance be dismissed.

The arbitrator adjourned the hearing and ordered the grievor to provide an explanation and supporting documentation for his non-attendance by a specified date.

If the grievor fails to respond within the time allowed, the grievance will be dismissed.

The union filed grievances challenging the employer's process for posting and filling a Product Consultant position, alleging the successful candidate did not meet the minimum qualifications.

The employer conceded that the process violated the collective agreement and did not resist the usual remedy of rerunning the competition.

However, at the grievors' request, the arbitrator issued a declaration that the employer violated the collective agreement but declined to order the competition to be rerun.

The union filed a grievance alleging the employer violated the collective agreement during a 2021 job posting for a Product Consultant position.

The employer conceded that the grievor was improperly screened out and that the process did not comply with the collective agreement.

The arbitrator declared that the employer violated Article 22.5(a) of the collective agreement and reminded the employer of its obligations regarding the job competition process.

The Union grieved the Employer's decision to deny the Grievor a promotion to a permanent full-time Warehouse Worker 3 position.

The collective agreement contained a threshold ability clause where seniority governed provided the applicant was qualified.

The Employer bypassed the Grievor, who was the senior applicant, relying on his recent disciplinary record and performance appraisals which indicated unsatisfactory work productivity.

The Arbitrator dismissed the grievance, finding that the Employer's reliance on the Grievor's disciplinary record and productivity metrics to determine he lacked the present ability and qualifications for the promotion was reasonable.

The grievor failed to attend the scheduled arbitration hearing and advised the union of her absence the night before.

The employer requested that the grievor be ordered to provide reasons for her non-attendance.

The arbitrator ordered the grievor to provide reasons for her absence by a specified date, failing which the grievance would be deemed dismissed.

The hearing was adjourned sine die.

The Grievor, a store manager, sought sick leave claiming anxiety due to working during the Covid-19 pandemic.

The Employer denied the request, arguing the Grievor intended to use accumulated sick leave to bridge to his retirement.

The Grievance Settlement Board dismissed the grievance, finding the medical evidence insufficient to establish that the Grievor was unable to perform his duties.

The Board also found the Grievor's testimony lacked credibility and preferred the Employer's evidence that the Grievor had explicitly stated his intention to use sick leave until retirement.

The grievor failed to attend a scheduled video conference hearing for her grievance.

The arbitrator issued an order requiring the grievor to provide reasons for her absence by a specified date, failing which the grievance would be dismissed.

The grievor did not provide any reasons by the deadline, and the grievance was consequently dismissed.

The union filed a grievance on behalf of the grievor.

The grievor failed to attend the initial hearing and a subsequent hearing.

The arbitrator previously ordered that if the grievor failed to attend and failed to provide reasons, the grievance would be dismissed.

The grievor failed to attend the rescheduled hearing and failed to provide reasons as directed.

The employer brought a motion to dismiss the grievance.

The arbitrator granted the motion and dismissed the grievance due to the grievor's repeated non-attendance and failure to comply with the arbitrator's directions.

The grievor failed to attend the scheduled virtual grievance arbitration hearing.

Union counsel advised they could not proceed without the grievor, necessitating an adjournment.

The arbitrator ordered the grievor to provide reasons for his non-attendance by a specified date, failing which the grievance may be dismissed.

If reasons are provided, the employer may bring a motion to dismiss based on the failure to attend.

The grievor failed to attend the scheduled grievance arbitration hearing.

The employer moved to dismiss the grievance.

The arbitrator ordered the grievor to provide reasons and documentary evidence for his absence by a specified date, failing which the grievance would be deemed dismissed.

The employer was given a deadline to respond to any reasons provided.

The grievor, a casual employee, filed grievances alleging the employer failed to compensate him properly under a Memorandum of Agreement when he was required to self-isolate despite not testing positive for COVID-19.

The arbitrator found no breach of the collective agreement or the Memorandum of Agreement and dismissed the grievances without written reasons, as requested by the parties.

The grievor failed to attend the first scheduled day of his discharge grievance hearing, stating he forgot because he was busy looking for work.

The employer brought a motion to dismiss the grievance, arguing the grievor's failure to attend demonstrated a lack of interest and prejudiced the employer and the arbitration process.

The Grievance Settlement Board reviewed arbitral jurisprudence and concluded that while the grievor's excuse was not compelling, his subsequent participation and the fact that this was only the first missed date weighed against dismissal.

The motion to dismiss was denied, and the matter was referred to the Registrar to schedule new hearing dates, with a warning to the grievor that future unexcused absences would result in dismissal.

The Grievance Settlement Board issued a consent award resolving a grievance between OPSEU and the LCBO.

The arbitrator ordered that the grievor's full-time seniority date be adjusted to November 6, 2017, and that the LCBO pay the grievor $5,406.62 for lost earnings, including lost wage increases, shift opportunities, and overtime opportunities.

The grievor's hourly wage rate was also adjusted to $31.95.

The grievor failed to attend a scheduled video conference hearing for a grievance arbitration.

The arbitrator ordered the grievor to provide reasons for his absence to union counsel by a specified date, failing which the grievance would be deemed dismissed.

The employer was given the opportunity to review the reasons and determine whether to agree to relist the matter or seek its dismissal.