OGSB 2010

The union filed two grievances alleging the employer breached the collective agreement regarding a correctional officer.

The parties referred the grievances to mediation/arbitration and requested a decision without written reasons.

The arbitrator granted the grievances in part, ordering the employer to pay the grievor four hours of overtime, credit twelve vacation days to his bank, and extend his assignment as a scheduling officer by six months.

The union filed a grievance after the employer denied the grievor's request for special and compassionate leave.

The grievor missed a 12-hour shift due to a snowstorm and slow snow removal caused by a local strike.

The employer argued that other employees attended work and there was no evidence the grievor made an effort to attend.

Following an expedited mediation-arbitration protocol, the Vice-Chair awarded the grievor six hours of pay.

The union filed multiple grievances on behalf of a correctional officer alleging the employer breached the collective agreement regarding overtime, management rights, and health and safety.

The parties referred the grievances to mediation/arbitration and requested a decision without precedent or prejudice and without written reasons.

The arbitrator granted the grievances in part, ordering the employer to pay the grievor 12 hours at the overtime rate and to assign the grievor permanently to the next available position at the St. Lawrence Valley Correctional and Treatment Centre.

The Union grieved the Employer's decision to cancel a job competition for a temporary position in Barrie after the grievor had applied.

The Employer cancelled the posting because the incumbent entered into a job trade with an employee in Newmarket, effectively moving the vacancy to Newmarket.

The arbitrator dismissed the grievance, finding that the Employer had sound and practical reasons to cancel the posting, as the job trade was a legitimate exercise of employee rights under the collective agreement that eliminated the vacancy in Barrie.

The union filed a grievance alleging the grievor was improperly denied ten overtime opportunities.

The employer argued the available overtime did not meet the grievor's restrictions and that some work was assigned at straight time to other employees.

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

The union filed a grievance alleging that the grievor should have been called for an overtime shift as a Registered Nurse (RN) and that the employer improperly hired a Registered Practical Nurse (RPN) to fill the shift.

The employer argued that RNs and RPNs perform substantially the same duties and that it followed its practice of calling Fixed Term Employees who had not yet worked 40 hours in the week.

The arbitrator dismissed the grievance following an expedited mediation-arbitration process.

The union filed a grievance alleging that the grievor was improperly passed over for a night shift.

The grievor had indicated his availability as a late entry, but the employer's records did not include his name and he was not called, despite the employer contacting another late entry employee below him on the list.

The arbitrator found in favour of the union and awarded the grievor 6 hours of overtime.

The grievor, a correctional officer, filed five grievances alleging the employer breached the collective agreement regarding overtime, harassment, health and safety, and management rights.

The employer conceded partial liability.

The parties referred the grievances to mediation/arbitration under the collective agreement and requested a decision without written reasons.

The arbitrator granted the grievances in part, ordering the employer to pay $500 in general damages and 24 hours at the overtime rate, and to remove a letter from the grievor's personnel file.

The grievor, a correctional officer, filed a grievance alleging the employer breached the collective agreement regarding overtime.

The matter proceeded to an expedited mediation/arbitration without written reasons.

The arbitrator granted the grievance and ordered the employer to pay the grievor 12 hours at the overtime rate.

The grievor, a correctional officer, filed a grievance alleging that the employer breached the collective agreement regarding overtime.

The parties referred the grievance to mediation/arbitration under the collective agreement and requested a decision without precedent or prejudice, and without written reasons.

The arbitrator denied the grievance.

A correctional officer filed a grievance alleging the employer breached the collective agreement regarding overtime.

The parties referred the matter to expedited mediation/arbitration without written reasons.

The arbitrator granted the grievance in part, ordering the employer to pay the grievor 12 hours at the overtime rate.

The grievor, a correctional officer, filed a grievance alleging that the employer breached the collective agreement regarding overtime.

The parties referred the grievance to mediation/arbitration under the collective agreement.

The arbitrator denied the grievance without written reasons, in accordance with the parties' policy for expedited hearings.

The union filed a grievance against the employer.

Following an extensive mediation-arbitration process, the union withdrew the grievance in consideration of certain undertakings by the employer.

The Grievance Settlement Board formally terminated the proceedings.

The union filed a grievance alleging that the grievor was improperly bypassed for an overtime shift.

The employer's records indicated that the grievor was called and a message was left, but he did not return the call before the shift was offered to another employee.

The Vice-Chair dismissed the grievance based on the submissions and the collective agreement.

Following an extensive mediation-arbitration process, the union withdrew the grievance in consideration of certain undertakings by the employer.

The Grievance Settlement Board terminated the proceedings.

The Union claimed the Employer contravened a prior Board direction and Minutes of Settlement by failing to restore the grievor to full duties as a conservation officer.

The Employer argued the prior Board direction was supplanted by the Minutes of Settlement, which did not explicitly require a return to full duties.

The Board determined as a preliminary jurisdictional issue that the prior direction to return the grievor to full duties remained in effect, subject to the terms of the Minutes of Settlement, as there was no clear agreement to override the Board's order.

The bargaining agents sought interim relief against the Employer's new practice of requiring employees to provide fingerprints to obtain criminal record information following a 'hit' on a CPIC check.

The change was prompted by a new RCMP directive.

The bargaining agents argued this violated the collective agreement and the agreed-upon Personnel Screening Checks Policy, which stated fingerprints would only be required as a last resort.

The Grievance Settlement Board granted partial interim relief, ordering that employees with a 'hit' not be asked to provide fingerprints, but allowing the Employer to temporarily modify their duties or reassign them without loss of pay pending the resolution of the grievance.

The union filed a grievance alleging the grievor was improperly denied overtime.

Under the applicable overtime protocol, employees who failed to submit their availability by the 20th of the month were ineligible for overtime in the following month.

The grievor failed to submit his availability on time for November 2006.

Following an expedited mediation-arbitration process, the Vice-Chair dismissed the grievance, finding no violation of the collective agreement.

The Union claimed the employer contravened a previous Board direction and subsequent Minutes of Settlement by failing to restore the grievor to full duties as a conservation officer.

The employer argued the previous Board direction was supplanted by the Minutes of Settlement, which did not include an obligation to restore full duties.

The Board found that the Minutes of Settlement did not amend or substitute the previous direction, but rather set out the terms for its implementation.

The Board ruled its previous direction remains in effect subject to the settlement terms.

The Union filed multiple grievances regarding the Attendance Support and Management Pilot Program.

Through an expedited process, the parties requested a bottom-line decision without reasons.

The arbitrator ordered the Employer to exercise reasonable discretion for non-culpable absenteeism, preclude consideration of absences related to disabilities under the Human Rights Code or WSIB, and consider suspending the program during a declared pandemic.

The parties were also ordered to negotiate a dispute resolution process for future grievances under the program.

All specific grievances identified were dismissed.