8 total
Consent order issued for production of investigation report subject to strict confidentiality conditions.
The parties consented to an order amending a previous decision to require 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, forwarding, and use of the documents solely for the purpose of the arbitration.
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.
National Day for Truth and Reconciliation recognized as a paid holiday under public sector collective agreements.
Several public sector unions filed grievances against the Crown in Right of Ontario, arguing that the National Day for Truth and Reconciliation should be recognized as a paid holiday under their respective collective agreements.
The collective agreements provided that employees were entitled to any special holiday 'proclaimed by the Governor General or Lieutenant Governor'.
The employer argued that the holiday was created by Royal Assent to a statute, rather than by an executive proclamation, and therefore did not fall within the collective agreement language.
The arbitrator rejected the employer's argument, finding that the parties intended to include any new holiday established by the federal or provincial government, and that Royal Assent by written declaration constituted a proclamation.
The grievances were upheld.
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 a requirement to destroy the documents at the conclusion of the proceedings.
Grievance declared fully resolved where union and employer signed settlement despite grievor's subsequent refusal.
The employer brought a motion seeking a declaration that a grievance was fully and finally resolved.
Following mediation, the union and employer had agreed to terms of settlement and signed the Minutes of Settlement.
The grievor initially agreed but subsequently refused to sign the document.
The arbitrator held that the union has carriage rights of the grievance and the union's representative has the authority to bind both the union and the grievor.
The grievance was declared fully resolved and binding on all parties.
Consent order issued for production of an investigation report subject to strict confidentiality conditions.
The parties consented to an order directing the Employer to produce an Investigation Report, appendices, and non-privileged materials to the Union.
The arbitrator ordered the production subject to strict confidentiality conditions, including restrictions on copying, forwarding, and sharing the documents, and requirements to delete electronic copies at the conclusion of the hearing.
Employer's extrinsic evidence regarding its reasons for not recognizing a new statutory holiday ruled inadmissible.
In a grievance arbitration concerning whether the National Day for Truth and Reconciliation is a paid holiday under various collective agreements, the employer sought to introduce evidence regarding its consultations with Indigenous partners and its reasons for treating the day as one of learning and reflection rather than a paid holiday.
The unions objected to the admission of this evidence.
The arbitrator ruled the evidence inadmissible, finding that it was irrelevant to the mutual intention of the parties at the time the collective agreements were negotiated and would cause unnecessary delay and prejudice.
Permanent injunction granted to developer to remove protesters from residential construction site.
The plaintiff developer sought a permanent injunction to remove protesters, including the named defendant Skyler Williams, from its property where it was constructing a residential subdivision.
The defendant argued that the common law test for injunctions was unconstitutional and disproportionately impacted Indigenous persons, and that the Crown had a duty to consult.
The court found that the defendant was not an authorized representative asserting collective s. 35 rights, and that the common law test for injunctions adequately balances Charter values.
Finding that the plaintiff held legal title and that damages would be inadequate for the ongoing trespass, the court granted the permanent injunction.
