The union filed a group grievance alleging that the employer failed to provide a safe and healthy work environment due to an abusive and intimidating supervisor.
At the close of the union's case, the employer brought a motion for non-suit.
The arbitrator granted the motion and dismissed the grievance, finding that while the supervisor's alleged conduct was unpleasant, the union failed to present any evidence that the employees suffered serious illness, required medical attention, or missed work as a result, which is required to establish a prima facie breach of the collective agreement's health and safety provisions.
