OGSB 2006

The grievor filed a grievance alleging the employer failed to accommodate her medical condition.

At the mediation-arbitration hearing, it was disclosed that the grievor was accommodated once her request was medically substantiated, she had executed minutes releasing claims related to her illness, and she had left her employment.

The union advised it had no dispute with the employer, and the grievance was dismissed.

In a bargaining unit integrity grievance, the Union claimed that services provided by Native Inmate Liaison Officers constituted bargaining unit work.

A service provider, White Buffalo Road Healing Lodge Inc., previously denied intervener status, requested the opportunity to make submissions regarding another union's motion for standing and to reconsider its own standing.

The Grievance Settlement Board denied the requests, noting that no one appeared on behalf of White Buffalo at the hearing, it lacked standing as a non-party, and the Board does not have the statutory power to reconsider its decisions.

The grievor, an Income Support Specialist, filed two grievances alleging discrimination on the basis of creed and improper exercise of management rights.

The employer had directed her to stop handing out pens with scripture attached as Christmas gifts and issued a letter of counsel directing her to refrain from religious-based conversations and invitations in the workplace.

Another letter of counsel was issued regarding an allegation of racial profiling.

The Grievance Settlement Board dismissed the grievances, finding that the letters of counsel were non-disciplinary and that the employer's actions were a reasonable exercise of management rights.

The Board also held that the right to hand out religious gifts or make religious invitations at work is not a protected religious practice under the Human Rights Code, and therefore no discrimination occurred.

The Employer brought a motion to dismiss several grievances filed by the Union on behalf of the grievor, alleging discriminatory treatment and unjust discipline based on his religious practices as a Sikh.

The Employer argued that the grievances lacked sufficient particulars, were untimely, or failed to disclose a violation of the collective agreement.

The Grievance Settlement Board reviewed each grievance individually.

The Board dismissed several grievances for lack of particulars or timeliness, but allowed others to proceed, in some cases limiting the temporal scope of the claims to ensure the Employer could adequately investigate and defend against the allegations.

The parties referred a grievance alleging a violation of the overtime protocol to mediation-arbitration.

At the parties' request, the Vice-Chair issued a without prejudice decision with no reasons.

The grievance was granted, and the employer was ordered to pay the grievor ten hours at the overtime rate.

The union filed a grievance alleging that the employer violated the overtime protocol.

The parties referred the matter to mediation-arbitration and requested a without prejudice decision with no reasons.

The arbitrator granted the grievance and ordered the employer to pay the grievor ten hours at the overtime rate.

The union filed a grievance alleging that management failed to follow the overtime protocol under Article 2 of the collective agreement.

The parties referred the matter to mediation/arbitration and requested a without prejudice decision with no reasons.

The Vice-Chair dismissed the grievance after reviewing the submissions and jurisprudence.

During a grievance hearing regarding harassment and a poisoned work environment, the union sought to introduce evidence of events from 1996 that had been resolved by a prior Memorandum of Settlement.

The employer objected to the admissibility of this evidence.

The Grievance Settlement Board upheld the employer's objection, ruling that the evidence was inadmissible.

The Board emphasized the sanctity of settlements and noted that allowing such evidence would undermine the finality of resolved disputes and discourage future settlements.

The union filed grievances alleging that the employer's decision to temporarily assign only Water Group Leaders as Acting Geoscientist 4, and not Air Quality Analysts, was arbitrary, discriminatory, and motivated by improper considerations including reprisal for union activity.

After the union closed its case, the employer moved for a non-suit.

The Grievance Settlement Board dismissed the motion, finding that the union had met the low threshold of presenting 'some evidence' to support its claims, thereby requiring the employer to answer the case.

A dispute arose between the union and the employer regarding the employer's request to adjourn and reschedule a hearing date set for September 18, 2006.

The Vice-Chair directed the parties to attempt to reschedule the matter at an upcoming Joint File Review meeting.

If unsuccessful, a teleconference hearing would be held to determine the adjournment request.

The union filed a grievance claiming the grievor was entitled to four hours of call back pay at time and one half after his manager called him at home while he was on sick leave to request a medical certificate.

The Grievance Settlement Board dismissed the grievance, finding that the employer was entitled to request the medical note and that it was in the best interests of all parties to make the request in a timely manner.

There was no obligation to compensate the grievor for the phone call.

The union grieved the employer's placement of a rehired employee on the wage scale and the requirement that she complete a medical examination.

The employee had previously worked for the OPS and was rehired after working for a privately managed facility.

The employer maintained it followed its policy regarding medicals for returning employees and had no obligation to offer advanced standing on the wage scale.

The grievance was dismissed under an expedited mediation-arbitration protocol.

The grievor, a Correctional Officer, filed a grievance alleging he should have received travel time and mileage because his assignment was temporary.

The Grievance Settlement Board found that the grievor was paid travel time and mileage until approximately July 13, 2003, due to a personal request concerning a medical issue.

However, once he was permanently assigned to the Vanier Centre for Women effective June 30, 2003, he was no longer entitled to travel time and mileage.

The grievance was denied.

The union filed a grievance alleging that allocated assignments at the Brookside Youth Centre were improperly determined on the basis of gender, and sought premium pay for the grievor for shifts that were allegedly improperly reassigned.

The parties agreed that gender should not be considered in assigning Youth Service Officers, subject to operational requirements like search and escort duties.

The arbitrator found that there was no entitlement to premium pay in the circumstances and dismissed the grievance.

The union filed a grievance regarding the grievor's absence on August 19, 2005, which had been treated as unpaid leave.

The matter proceeded through an expedited mediation-arbitration process agreed upon by the parties for grievances at the Brookside Youth Centre.

The arbitrator allowed the grievance and ordered that a sick leave credit be substituted for the unpaid leave.

The union filed a grievance alleging that the employer improperly called in staff for escort duty before exhausting the Escort Officer list, seeking payment for a twelve-hour overtime shift for the grievor.

The arbitrator found that even if the employer failed to follow the call-in policy, the grievor was not entitled to an individual remedy because they were not on the overtime list on the date in question.

The grievance was dismissed.

The parties were unable to resolve a grievance concerning a two-day suspension in mediation.

The grievance involved an allegation that the grievor entered incorrect information regarding an inmate's charges.

Prior to the expedited arbitration hearing, the Grievance Settlement Board ordered the employer to disclose the inmate's Activity Log and the complete CISU investigation report to the union.

The grievor filed a grievance alleging discrimination based on disability and union activity after failing to secure an interview for a job competition.

The grievor, who was no longer an employee of the Ontario Public Service, did not attend the mediation-arbitration hearing.

The employer requested particulars of the discrimination allegations.

The Vice-Chair issued an oral order, confirmed in this decision, requiring the union to provide full particulars of the allegations to the employer by a specified date.

The grievor, a bargaining unit member, was placed in an acting management position outside the collective agreement.

He grieved that his rate of pay in the acting position was not adjusted to keep pace with increases he would have received in his former bargaining unit position.

The employer raised a preliminary objection that the Grievance Settlement Board lacked jurisdiction because the grievance concerned pay matters for a manager outside the bargaining unit.

The arbitrator agreed and dismissed the grievance for lack of jurisdiction.

The union filed a grievance alleging that the grievor was improperly denied overtime opportunities on four occasions.

The parties referred the matter to mediation/arbitration and requested a without prejudice decision with no reasons.

The arbitrator dismissed the grievance.