OGSB 2018

In a discharge grievance involving allegations of time theft and dual employment, the Employer sought production of an investigation report prepared by the Department of National Defence (DND).

The Association argued the request was a fishing expedition.

The Arbitrator found the documents related to the days in question were arguably relevant and ordered the DND investigator to provide a redacted copy of the grievor's time sheets and expense claims, but not the full investigation report.

The union filed a grievance alleging dismissal without just cause and discrimination.

Prior to the hearing, the parties sought direction on particulars, production of medical documents, and the order of proceeding.

The parties reached an agreement on these preliminary issues, which the arbitrator issued as a consent order.

The union was directed to produce medical records, and the order of proceeding was established with the employer proceeding first on the issue of absenteeism.

A group grievance was filed on behalf of 210 correctional officers alleging the employer violated the collective agreement by condensing a mandatory training module and allowing new officers to work overtime before being fully trained.

The union sought retroactive compensation for lost overtime opportunities for previous officers who were not permitted to work overtime during their training.

The arbitrator, acting under a mediation/arbitration process, denied the grievance without written reasons.

In a discharge grievance, the arbitrator issued procedural directions to accommodate a witness who was being assigned overseas.

The Employer was directed to file the balance of the witness's evidence in chief in the form of a declaration.

The arbitrator also set strict time limits for viva voce amplification, cross-examination, and re-examination, and directed the Association to advise whether it challenged the authenticity of certain documents.

The union filed a grievance alleging that the employer breached its duty to accommodate when the grievor was not permitted to proceed to on-the-floor training for an acting manager position after missing two days of in-class training due to a disability.

The arbitrator held that because the complaint related to a position outside of the bargaining unit, the arbitrator lacked jurisdiction to address it.

The grievance was denied.

The Union brought a motion to adjourn a scheduled hearing because one of the two grievors was unavailable due to a new work schedule.

The Employer opposed the adjournment, citing prejudice regarding its ability to manage the underlying issue in the upcoming fire season.

The Arbitrator dismissed the motion, finding that the grievor knowingly made himself unavailable, the factual situation was simple, the other grievor was available to testify, and proceeding would not entail a denial of natural justice.

A correctional officer filed a grievance alleging the employer breached the collective agreement by denying reimbursement for breakfast and lunch meal claims while he was on escort duty.

The union argued the grievor was at least 24 km away from the work site during normal meal breaks, satisfying the employer's travel and meal expenses directive.

The employer contended the grievor should have eaten before his shift began at 0500 hours.

The arbitrator granted the grievance and ordered the employer to pay the meal allowances.

Two correctional officers filed a grievance alleging that a supervisor improperly threatened one of them with discipline for insubordination after he raised a health and safety concern regarding cell inspections.

They also alleged that the supervisor interfered with their duties as Union Stewards and engaged in demeaning behaviour by ordering them to stand in a hallway.

The Arbitrator dismissed the grievance, finding that the supervisor had a legitimate basis to warn of insubordination because the officer refused a clear direction without an imminent health and safety threat.

The Arbitrator also found no improper interference with union representation or behaviour amounting to harassment or bullying.

The Arbitrator issued case management directions for the arbitration of several grievances relating to a job competition.

The directions set out a schedule for the production of documents, the filing of declarations in lieu of oral evidence in chief, and strict time limits for cross-examination and oral argument at the hearing.

The grievor, a Correctional Officer, filed a grievance alleging the Employer failed to provide reasonable health and safety precautions and that she was subjected to harassment and bullying by a supervisor following an incident with a non-compliant inmate.

The arbitrator found that while the supervisor did not act with hostility, his persistent attempts to verbally engage the upset grievor were inappropriate and beyond the reasonable norm expected of a supervisor.

The grievance was partially upheld, and the grievor was awarded compensation for seven missed shifts.

The employer brought a motion to dismiss the grievance after the grievor failed to attend a hearing.

The arbitrator had previously ordered the grievance dismissed unless the grievor provided good and sufficient cause for his non-attendance by a specified deadline.

The grievor submitted an unsigned medical note past the deadline.

Upon inquiry, the union confirmed the purported doctor did not exist and did not work at the named hospital.

The arbitrator found the grievor failed to demonstrate good and sufficient cause and dismissed the grievance due to the late filing and the fraudulent nature of the medical document.

The union filed a grievance on behalf of a retired employee who alleged that the employer provided incorrect advice regarding her ability to buy back pension contributions when she became a classified employee.

The employee claimed she was told the buy-back had to be paid in a lump sum, which she could not afford, and sought a full pension and damages for pain and suffering.

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

The arbitrator found no evidence to support a breach of the collective agreement and denied the grievance.

The union sought an order directing the Ontario Provincial Police (OPP) to produce its investigation file regarding a fire at Place Mont Roc.

The employer did not oppose production, reserving its right to object to relevance and admissibility.

The OPP agreed to produce the entire file, subject to redactions for law enforcement or third-party interests, estimating a six-month timeline due to volume.

The arbitrator directed the OPP to produce the file and remained seized of any issues relating to production.

The union filed a grievance alleging the employer breached the confidentiality provisions of a prior settlement agreement by placing the unredacted memorandum of settlement, including monetary terms, in the grievor's staff services file.

The grievor testified she saw the full document in her file, while the employer's witnesses testified they only saw the accommodation plan schedule and never the monetary terms.

The arbitrator found the evidence from both sides to be credible and evenly balanced.

Because the evidence stood in equipoise, the union failed to meet its onus of proving the breach on a balance of probabilities, and the grievance was dismissed.

The union grieved alleged violations of the Occupational Health and Safety Act and workplace anti-violence provisions.

At the hearing, the union withdrew its human rights and collective agreement claims without prejudice.

The union also raised the employer's ongoing failure to comply with two previous Board orders requiring the production of investigation reports, occurrence reports, and notes from a retired employee.

The arbitrator noted the employer's duty to obtain and produce the arguably relevant notes.

The union put the employer on notice that continued non-compliance would result in a request for a show cause hearing for contempt.

The Employer brought a preliminary motion to dismiss several particulars filed by the Union, arguing they constituted an improper expansion of the original grievances and were untimely.

The original grievances contested the Employer's denial of the grievor's request for a leave of absence and the subsequent termination of her employment for abandonment.

The disputed particulars alleged a failure to accommodate the grievor's disability over a four-year period prior to the grievances.

The Arbitrator granted the motion in part, finding that the accommodation claims were not reasonably part of the original grievances and thus constituted an improper expansion.

Alternatively, the Arbitrator found the accommodation claims were untimely and declined to extend the time limits under section 48(16) of the Labour Relations Act.

The Arbitrator found the original grievances regarding the leave of absence were timely filed.

The grievor, a Records Clerk, took eight vacation days to be with her terminally ill mother-in-law and to attend to matters following her passing.

She subsequently requested that these vacation days be converted to paid special and compassionate leave under the collective agreement.

The Employer denied the request, noting it was made after the fact and that the grievor had already received the maximum three days of compassionate leave and her full bereavement leave entitlement.

The Arbitrator dismissed the grievance, finding the Employer's decision was made in good faith, free from arbitrariness and discrimination, and constituted a reasonable exercise of discretion.

The Union filed grievances alleging discrimination and harassment by the Employer, seeking compensation for lost time and medical expenses due to chronic mental stress.

The Employer raised a preliminary objection, arguing the arbitrator lacked jurisdiction to grant these remedies because the claims fall under the Workplace Safety and Insurance Act (WSIA).

The arbitrator applied the Monk decision, finding that the alleged chronic mental stress arising from harassment would be a compensable disability under the WSIA, and therefore the claims for compensation for lost time and medical expenses must be struck.

In preparation for a grievance arbitration hearing scheduled for July 2018, the Arbitrator ordered the Union to produce all arguably relevant medical documents regarding the grievor's return to work following a 2012 WSIB injury.

The Union was directed to provide the documents by May 11, 2018, failing which the grievances could be dismissed.

A confidentiality order was also imposed limiting disclosure of the medical information.

During the hearing of discipline grievances, the Union made approximately 25 disclosure requests relating to the cross-examination of an Employer witness.

The Arbitrator ruled on the requests, denying several as irrelevant or constituting a fishing expedition, such as requests for draft disciplinary letters and phone records sought merely to test credibility on collateral matters.

The Arbitrator ordered the production of the witness's investigative training records and certain written requests for occurrence reports, if they existed.