OGSB 2010

The union filed a grievance on behalf of a correctional officer claiming the right to opt out of mandatory escort training pursuant to a July 11, 2004 protocol.

The protocol provided a one-time opportunity to opt out for employees who were classified as of that date.

The grievor argued she was entitled to this right because she had previously been a classified officer or because the right applied retroactively when her facility was transferred to the Ontario Public Service in 2006.

The employer argued the grievor was not an employee of the OPS on the required date.

The arbitrator dismissed the grievance, finding the grievor did not meet the requirement of being a classified Correctional Officer on July 11, 2004.

The Association requested an order compelling the Employer to disclose documents related to the re-organization that led to the grievor's surplussing.

The Employer generally did not take issue with the request.

The Vice-Chair ordered the Employer to provide the requested information and established a schedule for disclosure.

The grievor alleged that the employer violated the Collective Agreement and the overtime protocol by failing to call him for an overtime shift.

The matter proceeded through the Expedited Mediation-Arbitration process.

After hearing the objections, evidence, and submissions, the Vice-Chair dismissed the grievance without reasons, in accordance with the negotiated Protocol.

The grievor alleged that the Employer violated the Collective Agreement and the overtime protocol by failing to offer him overtime.

The matter was heard through the Expedited Mediation-Arbitration process.

After hearing the evidence and considering the documents, the Vice-Chair dismissed the grievance without reasons, in accordance with the negotiated Protocol.

In a policy grievance concerning the application of the Supreme Court of Canada's decision in R. v. McNeil to enforcement officers, the Union sought production of a list of all prosecutions from all Enforcement Ministries since January 2009, detailing whether CPIC checks or discipline disclosures were requested for lead officers.

The Employer opposed the request as a fishing expedition that would require creating documents and argued the information was irrelevant to the core issue of whether McNeil applies at all.

The Grievance Settlement Board denied the production request, finding that the voluminous detailed information sought would not assist in determining the legal issue of whether McNeil creates an obligation for the Enforcement Ministries.

In a grievance arbitration concerning the employer's alleged failure to accommodate a disability arising from workplace harassment, the Grievance Settlement Board issued a pre-hearing procedural order.

Following an unsuccessful mediation, the Vice-Chair ordered both parties to exchange full written particulars of their material facts and produce all relevant documents according to a set timetable to ensure an efficient hearing on the merits.

The union filed a grievance claiming holiday pay for the grievor for the October 12, 2009 statutory holiday.

The matter proceeded via an Expedited Mediation-Arbitration Protocol.

The Vice-Chair allowed the grievance and ordered that the grievor be credited with eight hours of compensating leave for the statutory holiday.

The parties agreed to consolidate an additional grievance and withdraw another.

On consent, the Grievance Settlement Board ordered the disclosure of ASP files and absenteeism records for several employees, subject to strict confidentiality conditions limiting disclosure to Union counsel for the sole purpose of the arbitration.

The individual grievor sought to withdraw his grievance regarding a poisoned work environment and hate mail at the Toronto Jail, intending to pursue his claims before the Human Rights Tribunal of Ontario.

The union and the employer opposed the withdrawal.

The Grievance Settlement Board denied the request, holding that the union has exclusive carriage of the grievance and the individual has no standing to withdraw it.

Furthermore, the request was made at an advanced stage of a comprehensive systemic remediation process, making withdrawal inappropriate and an abuse of process.

The grievor filed a grievance alleging that the employer violated the collective agreement and overtime protocol by failing to offer him overtime for a particular night shift.

The matter proceeded through an expedited mediation-arbitration process.

The Grievance Settlement Board dismissed the grievance without reasons, in accordance with the negotiated protocol.

The grievor filed a grievance claiming call back pay for a short telephone discussion with the employer regarding a recent absence, which occurred after a message was left at his home.

The matter proceeded through an expedited mediation-arbitration process.

The Grievance Settlement Board dismissed the grievance without reasons, in accordance with the negotiated protocol.

The parties participated in an expedited mediation-arbitration process and signed a confidential Memorandum of Agreement regarding a grievance.

The Employer failed to implement some components of the agreement within the stated timeframes.

The Grievance Settlement Board ordered the Employer to comply with the outstanding terms by specified dates and to pay the grievor $1,750 in damages for the breach.

The union filed a grievance after a manager falsely accused the grievor, a correctional officer, of using excessive force against an inmate in front of colleagues.

The employer accepted the grievance and offered two days of vacation as compensation, but the grievor sought greater compensation for damage to his reputation.

Following an expedited mediation-arbitration process, the Vice-Chair upheld the employer's acceptance of the grievance and awarded the grievor two days of vacation.

Six Correctional Officers filed grievances alleging the Employer violated the Collective Agreement by failing to assign them stand-by duty during the G-20 summit in June 2010.

The matter proceeded through an expedited mediation-arbitration process.

The arbitrator found no violation of the Collective Agreement and dismissed the grievances without reasons, in accordance with the negotiated protocol.

The union filed a grievance alleging a health and safety violation.

The matter proceeded under an Expedited Mediation-Arbitration Protocol.

The arbitrator dismissed the grievance, concluding that the issue should be dealt with at the Provincial Health and Safety Committee.

The union filed a grievance claiming statutory holiday premium pay for the grievor for Thanksgiving Day.

The employer denied the premium pay because the grievor failed to attend work for her two prior shifts and provided an untimely medical note, thereby failing to meet the attendance requirements in the collective agreement.

The Grievance Settlement Board dismissed the grievance, finding the grievor was disentitled to the premium pay.

The union grieved a letter of reprimand issued to the grievor for failing to properly execute the electronic procedure for performing rounds.

The union argued the grievor was unfairly singled out during a period of widespread non-compliance due to health and safety concerns.

The employer maintained the grievor refused a direct order to perform the rounds properly.

Following an expedited mediation-arbitration protocol, the Vice-Chair dismissed the grievance.

The grievor filed a grievance alleging a violation of the Collective Agreement regarding the failure to be offered overtime.

The matter proceeded through an expedited mediation-arbitration process.

The Vice-Chair found no violation of the Collective Agreement and dismissed the grievance without reasons, in accordance with the negotiated protocol.

The Union raised concerns about the thoroughness and pace of the Employer's investigation into hate crimes at the Toronto Jail, specifically regarding a letter discovered in April 2010 and another received in November 2010.

The Grievance Settlement Board ordered the Employer to disclose the identity of its handwriting expert by January 31, 2011, and to recommend a candidate to review the investigations by December 17, 2010.

The Union was given deadlines to respond to these appointments, with any unresolved issues to be addressed at a subsequent hearing.

The union filed grievances on behalf of the grievor regarding a written reprimand and a three-day suspension.

The matter proceeded via an Expedited Mediation-Arbitration Protocol.

The Vice-Chair dismissed the grievances relating to the written reprimand but upheld the grievances relating to the three-day suspension.

The suspension was rescinded, and the grievor was ordered to be fully compensated.