OGSB 1996

The grievor, a Sikh correctional officer, alleged that the employer's facial hair policy was discriminatorily enforced.

The union argued that the policy was inconsistently applied because some employees were temporarily exempted for health reasons, and that this differential treatment between protected groups (health vs. creed) violated the collective agreement.

The Grievance Settlement Board dismissed the grievance, finding that the policy was enforced in a substantially consistent manner and that providing temporary accommodation for health reasons did not obligate the employer to provide permanent accommodation for religious beliefs, which had previously been found to cause undue hardship.

Thirteen nurses filed grievances alleging they were unjustly denied their allotted time off to vote on election day because the employer scheduled their three consecutive hours off to include their one-hour unpaid lunch break.

The employer raised a preliminary objection that the Board lacked jurisdiction to enforce the Election Act.

The Board held that under the Labour Relations Act, it had jurisdiction to interpret and apply employment-related statutes that affect collective agreement rights.

On the merits, the Board dismissed the grievances, finding that the Election Act only requires the employer to provide three consecutive hours off for voting, which can be scheduled at the employer's convenience and may include unpaid time such as a lunch period.