OGSB 2018

The grievor, a Correctional Officer, was cleared to return to work from an extended medical absence on Easter Monday, a paid holiday.

The employer delayed her return to work until the following day, Tuesday, citing the need for reorientation and job familiarization, and a reluctance to pay premium holiday rates for orientation time.

The union grieved, arguing the delay was unreasonable and discriminatory under the Human Rights Code.

The arbitrator dismissed the grievance, finding the employer's decision to delay the return to work by one day was reasonable and made in good faith, as it was legitimate to anticipate that an employee returning from an extended absence would require some downtime for reorientation.

The grievor failed to attend several scheduled expedited mediation-arbitration sessions without providing a reasonable excuse.

The arbitrator directed the grievor to attend the next scheduled session and warned that failure to attend and fully participate would result in the grievance being deemed withdrawn.

The union grieved the employer's decision to deny the grievor's request for a Transition Exit Initiative (TEI) prior to her retirement.

The union argued that the grievor's position had undergone a wholesale transformation and was effectively eliminated, making the denial an improper exercise of discretion.

The arbitrator found that while the grievor's duties had evolved significantly due to technological changes and reorganization, her position was not eliminated and her work was still required by the employer.

The arbitrator concluded that the employer reasonably exercised its discretion in denying the TEI request, as the initiative was intended to facilitate workforce reduction and avoid layoffs, not to serve as a general retirement allowance.

The grievor failed to attend several scheduled expedited mediation-arbitration sessions despite receiving notice and without providing a reasonable excuse.

The arbitrator directed the grievor to attend the next scheduled session and fully participate.

If the grievor fails to do so, the grievance will be deemed withdrawn.

The union filed a grievance regarding unsuccessful applications for a position outside of the bargaining unit.

The matter proceeded through the expedited mediation-arbitration process.

The arbitrator dismissed the grievance, finding no jurisdiction to address the matter because the position in question was not covered by the collective agreement.

The union filed grievances alleging the employer failed to provide a harassment-free and safe workplace, seeking monetary damages for mental distress.

The employer brought a preliminary motion arguing the Grievance Settlement Board lacked jurisdiction to award damages for injuries compensable under the Workplace Safety and Insurance Act (WSIA).

The arbitrator held that the Board lacks jurisdiction to award monetary damages for mental distress resulting from workplace harassment, as such claims fall within the exclusive jurisdiction of the WSIA regime.

However, the Board retains jurisdiction to grant declaratory relief and other monetary remedies not compensable under the WSIA.

The employer brought a motion to strike portions of the grievor's declaration on the basis of res judicata and issue estoppel, arguing the impugned paragraphs related to matters already decided in a prior 2013 grievance.

The union argued the paragraphs provided necessary historical context for the current human rights and accommodation grievances.

The arbitrator partially granted the motion, striking paragraphs that sought to re-litigate the prior grievance while permitting others to remain solely for narrative purposes and historical context, without being admitted for the truth of their contents.

The union filed a grievance alleging the employer violated the collective agreement regarding pay for a call-in on Sunday, January 1, 2017.

The grievor was paid call-back pay at time and one-half for four hours.

The union argued the grievor should have received holiday pay at double time for eight hours.

The arbitrator found that under the collective agreement, when a holiday falls on a Sunday, the following regular working day becomes the holiday in lieu.

Therefore, Monday, January 2, 2017 was the holiday for payment purposes, and the grievor was properly paid call-back pay for the work on January 1.

The grievance was dismissed.

The grievor failed to attend several scheduled expedited mediation-arbitration sessions despite receiving notice and without providing a reasonable excuse.

The arbitrator directed the grievor to attend the next scheduled session, warning that failure to attend and fully participate would result in the grievance being deemed withdrawn.

The union filed a policy grievance alleging the employer violated the collective agreement by issuing black shirts and ties to Transit Security Officers instead of the required grey shirts and navy blue ties.

The arbitrator declared the issuance of black shirts a violation of the collective agreement and ordered the employer to provide replacement grey shirts at the next uniform issue.

The arbitrator remained seized of the issue regarding the black ties due to the employer's allegation of delay.

In a group grievance alleging workplace harassment, the employer brought a motion to strike paragraphs of the union's particulars that relied on facts from previously settled grievances.

The union argued it was not seeking additional remedies but only relying on the facts to establish a pattern of harassment.

The arbitrator upheld the employer's motion, applying the arbitral principle of the sanctity of settlements.

The arbitrator found that allowing the union to rely on the underlying facts of settled grievances, especially where minutes of settlement included broad release clauses, would undermine the finality of settlements.

The union filed a grievance alleging a breach of the collective agreement relating to work on a statutory holiday.

The parties participated in an expedited mediation-arbitration process.

The arbitrator found no breach of the collective agreement and denied the grievance.

The grievor, a correctional officer, was terminated for failing to intervene in an altercation between two inmates and for allegedly kicking an inmate while he was on the floor.

The arbitrator found that the grievor failed to take timely action to stop the assault, such as giving verbal commands or using pepper spray.

However, the arbitrator concluded that the grievor's contact with the inmate's leg was a minimal push to gain compliance, which was inappropriate but did not constitute an excessive use of force under the Crown Employees Collective Bargaining Act.

Given the grievor's long service and clean disciplinary record, the termination was substituted with a 30-day unpaid suspension.

The union filed a grievance alleging that the employer violated the Memorandum of Agreement on Overtime Equalization for Logistics Facilities by failing to canvass the grievor for overtime.

The matter proceeded via expedited mediation-arbitration.

The arbitrator concluded that the employer did not violate the collective agreement and dismissed the grievance.

The union filed a grievance alleging that the employer violated the Memorandum of Agreement on Overtime Equalization for Logistics Facilities by failing to canvass the grievor for overtime.

The matter proceeded via expedited mediation-arbitration.

The arbitrator concluded that the employer did not violate the collective agreement and dismissed the grievance.

The grievor, a Ukrainian Christian, requested special leave under the collective agreement to observe two religious holidays.

The Employer denied the request because the holidays were not on the OPS List of Religious Holy Days and the grievor did not provide confirmation from his church regarding his religion.

The arbitrator found that the Employer's reliance on the OPS List and extraneous confirmation requirements, rather than conducting an individualized inquiry into the grievor's sincerely held beliefs, resulted in adverse treatment based on creed.

The grievance was allowed, and the Employer was directed to credit the grievor with two days of vacation leave.

The Union filed an individual grievance on behalf of a Probation and Parole Officer alleging the Employer failed to take reasonable precautions for his health and safety, specifically challenging the Personal Safety Training program.

The Employer raised preliminary objections to the Union's particulars.

The Arbitrator granted the Employer's motions to strike particulars that referred to events occurring more than three years before the grievance, applying the Board's three-year rule.

The Arbitrator also struck particulars relating to the Workplace Violence Risk Assessment and other general policies, finding they improperly expanded the scope of the individual grievance.

Finally, the Arbitrator ruled that any remedies available under the individual grievance would be limited to the grievor personally, rather than applying to the bargaining unit as a whole.

In the context of four grievances, the Union sought the production of arguably relevant documents, including occurrence reports, investigation notes, and the medical records of a specific individual.

The Arbitrator ordered the Employer to disclose the requested documents.

The production of the medical records was made subject to strict confidentiality conditions, including prohibitions on photocopying and requirements that the grievors only review the documents in the presence of legal counsel.

The union referred grievances to arbitration under the collective agreement.

The parties agreed to proceed under the expedited procedure in Article 22.16.

The arbitrator dismissed the grievances in an oral decision at the hearing, and issued this written award confirming the dismissal without written reasons, in accordance with the parties' policy for expedited hearings.

The union sought disclosure of certain documents in a grievance arbitration.

The arbitrator ordered the employer to disclose the Grace Shore Report and all communications between Dr. Dermer and the employer regarding the independent medical examination the grievor underwent in 2014.