24 total
Union's broad requests for disclosure of reference checks and other employees' discipline records denied as fishing expeditions.
In an ongoing grievance arbitration, the parties raised preliminary issues regarding document disclosure and particulars.
The employer sought complete copies of the grievor's income tax returns and particulars of bad faith allegations, which the union undertook to provide.
The union sought disclosure of reference checks from a 1994 job competition and records of discipline imposed on other employees for similar incidents.
The Vice-Chair denied the union's requests, finding them to be impermissible fishing expeditions as the union could not identify specific relevant information or comparable incidents.
Duty of fair representation complaint dismissed; union's withdrawal of grievance and delayed communication not arbitrary.
The applicant filed an application alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to process his grievance regarding a surplus/layoff notice to arbitration.
The union had grouped his grievance with others and ultimately withdrew it as part of a larger settlement.
The applicant complained about the union's failure to adequately explain his bumping rights and its failure to communicate the withdrawal of his grievance in a timely manner.
The Board dismissed the application, finding that the union had honestly assessed the merits of the grievance and that the delay in communication, while regrettable, did not amount to arbitrary conduct.
Grievance dismissed as inarbitrable due to lack of jurisdiction over classification disputes and untimeliness.
The grievor, a former Cartography Supervisor, filed a grievance alleging he was underclassified and seeking retroactive pay increases equivalent to those awarded to bargaining unit cartographers.
The employer brought a preliminary motion to dismiss the grievance as inarbitrable.
The Public Service Grievance Board granted the motion, finding that it lacked jurisdiction to hear classification grievances or claims based on bargaining unit awards absent allegations of bad faith or discrimination.
The Board also noted the grievance was untimely, as the grievor had known of the issues since 1989 and 1995 but did not grieve until 1997.
The grievance was dismissed.
Duty of fair representation complaint dismissed for lack of jurisdiction, untimeliness, and lack of merit.
The applicant filed a complaint alleging the union breached its duty of fair representation by agreeing to withdraw his classification grievance as part of a Social Contract negotiation with the government.
The Ontario Labour Relations Board dismissed the complaint, finding it lacked jurisdiction because the events occurred before the Labour Relations Act applied to Crown employees.
The Board further held that even if it had jurisdiction, the complaint was untimely due to a 20-month delay, and on the merits, the union did not act arbitrarily in balancing the interests of individual grievors against the preservation of jobs for the bargaining unit as a whole.
