31 total
Employer not required to convert temporary unclassified positions to permanent bargaining unit positions before two-year mark.
The Union filed a policy grievance alleging that the Employer violated the collective agreement by failing to designate newly created Government Information Centre (GIC) positions as permanent bargaining unit positions.
The Union argued that the Employer's delay in classifying these positions denied surplussed employees the right to bump into them and prevented bargaining unit members from applying for them.
The Grievance Settlement Board dismissed the preliminary issue, finding that under article 31 of the collective agreement, the Employer has the right to wait up to two years before converting unclassified positions to classified ones, absent bad faith.
The Board also noted practical reasons for the delay, including unresolved funding and classification issues.
Grievance over separate hospital transfer dates dismissed; employer's decision was a valid exercise of management discretion.
The union grieved the employer's decision to transfer two psychiatric hospital facilities to a new employer on separate dates, arguing it would adversely affect employees' seniority rights.
The union contended this was an improper exercise of management discretion.
The Grievance Settlement Board dismissed the grievance, finding no evidence that the employer's decision was made in bad faith or for anything other than the legitimate governmental objective of facilitating a smooth transition.
Union's proposed language for pre-screening conflicts adopted in mediation model of Systemic Change Program.
The parties sought resolution of an outstanding issue regarding the implementation of a Memorandum of Settlement related to a Systemic Change Program.
The parties disagreed on the language for a mediation model used to resolve conflicts between employees.
The employer proposed language requiring the mediator to pre-screen conflicts normally by telephone, citing cost concerns.
The union proposed language allowing the mediator to pre-screen in a cost-effective and confidential manner without proscribing the method.
Following a med-arb process, the Vice Chair ordered that the union's proposed language be included in the mediation provisions.
Retroactive benefit payments limited to named grievors and to 30 days prior to grievance filing.
Following a prior decision that the employer contravened the collective agreement by failing to pay a 2% benefit to unclassified employees, the union sought retroactive payment for both grievors and non-grievors beyond the standard 30-day period prior to the grievance filings.
The Grievance Settlement Board held that it lacked jurisdiction to expand the scope of the union grievance to cover non-grievors outside the specified location.
The Board further found no inequitable conduct by the employer that would warrant an exception to the usual rule limiting retroactivity to 30 days prior to the filing of the grievances.
Grievances for strike compensation dismissed as untimely due to unjustified 16-18 month delay.
The grievors, who were managers during the 1996 OPSEU strike, filed grievances 16 to 18 months after the strike ended, claiming they were entitled to time-and-a-half for overtime and standby pay.
The employer brought a preliminary motion to dismiss the grievances for untimeliness under the Public Service Act.
The Public Service Grievance Board dismissed the grievances, finding that the grievors' belief that senior management was reviewing the issue did not justify such a significant delay in filing.
Grievances for standby pay dismissed as barred by signed release forms settling strike-related compensation claims.
The grievors, who worked during a 1996 strike, filed complaints claiming compensation for standby pay.
The employer objected to the board's jurisdiction, arguing that the grievors had signed release forms settling all claims for compensation arising from work performed during the strike, with the exception of pre-existing grievances based on a specific prior decision.
The board found that the release forms clearly barred the grievors' claims for standby pay, as they did not fall within the sole exception.
The employer's motion was granted and the grievances were dismissed.
Grievance for stand-by and on-call pay dismissed as unclassified employees only required general availability.
The union filed a group grievance on behalf of unclassified correctional officers, nurses, and a cook, claiming they were improperly denied stand-by or on-call pay.
The union argued that the employer's requirement for these employees to be available for short-notice shifts amounted to stand-by or on-call duty under the collective agreement.
The Grievance Settlement Board dismissed the grievance, finding that while the employees were required to maintain a level of 'general availability', they were not disciplined for occasionally missing calls or refusing shifts.
Therefore, they were not required to maintain the specific states of readiness that would entitle them to stand-by or on-call pay.
Motion for forthwith payment of benefits dismissed; Employer granted time to resolve administrative difficulties.
The Union brought a motion requesting a direction that the Employer forthwith pay a 2% benefit to unclassified employees, as ordered in a prior arbitration decision.
The Employer had paid the benefit in four Ministries but faced administrative difficulties in two others, though it agreed to pay all entitled employees with interest.
The Grievance Settlement Board dismissed the motion for a forthwith direction, finding it inappropriate given the Employer's administrative challenges and commitment to pay.
The Board directed the Employer to appear and explain any failure to meet its obligations if the administrative issues were not resolved by June 2000.
Employer directed to pay grievor $1,500.00 pursuant to mediation/arbitration settlement.
The parties signed minutes of settlement requesting a mediation/arbitration to adjudicate all outstanding issues relating to the grievance.
The Grievance Settlement Board directed the Ministry of Transportation to pay the grievor $1,500.00 less statutory deductions.
Preliminary objection dismissed; termination of unclassified employee for performance reasons constitutes a discharge requiring just cause.
The grievor, an unclassified employee on a one-year contract, was terminated for performance deficiencies with two weeks' pay in lieu of notice.
The union grieved the termination, alleging discharge without just cause.
The employer raised a preliminary objection, arguing the Board lacked jurisdiction because it had exercised its right under the collective agreement to terminate an unclassified employee with notice.
The Board dismissed the preliminary objection, finding that a termination for performance reasons constitutes a discharge, which is subject to the just cause protection in the collective agreement, rather than a mere termination with notice.
Board resolves essential services agreement disputes, allowing employer to require overtime and unilaterally address safety refusals.
The Ontario Labour Relations Board determined several unresolved issues between the union and the employer regarding an essential services agreement under the Crown Employees Collective Bargaining Act, 1993.
The Board ruled that the employer may require overtime for essential services, subject to union challenge for abuse.
The Board also held that the parties must negotiate essential work functions, not merely designated positions.
Furthermore, if an employee exercises a work refusal under the Occupational Health and Safety Act due to inadequate staffing levels, the employer may unilaterally increase the number of essential workers to eliminate the unsafe condition, subject to Board review.
The Board also granted union representatives access to all worksites during a strike.
