OGSB 2018

In a job-posting grievance arbitration, the parties sought preliminary rulings on notice to incumbents and retroactive pay.

The Arbitrator ruled that successful applicants in the original competition should be given notice and party status, with certain exceptions.

On the issue of retroactive pay, the Arbitrator held that if a re-run of the job competition is ordered, any retroactivity for a successful grievor would commence from the starting date of the re-run competition, not the original competition.

The Union sought a supplementary order, alleging the Employer failed to comply with a prior production order dated November 22, 2017.

The Arbitrator heard submissions and ordered the Employer to forthwith produce the complete Local Investigation Report, associated notes, notes of meetings with the grievor and the union, and any occurrence reports or complaint forms issued by staff against specific individuals.

The parties engaged in mediation and executed a Memorandum of Settlement resolving the union grievance regarding the Attendance Support and Management Program (ASMP).

The settlement stipulates that absences flowing from a disability as defined by the Human Rights Code must be precluded from the ASMP, and the employer shall accept any note from a legally qualified medical practitioner indicating the absence was related to a disability.

The arbitrator issued the settlement terms as a consent order of the Board.

During a grievance arbitration, the union sought to introduce evidence of two prior incidents involving a witness to demonstrate workplace culture.

The employer objected, arguing the evidence was improper propensity evidence.

The arbitrator ruled that the evidence could not be admitted to show propensity.

However, because the employer had put workplace culture in issue, evidence of one incident was admitted as relevant to that issue.

Evidence of the second incident was excluded as irrelevant to the characterization of the work environment.

In a termination grievance, the Arbitrator issued case management directions ordering the Employer to provide full particulars of the facts relied upon for termination and to produce various documents, including the FIT file, communications with DND, and the complainant's work emails.

The Association was also directed to produce communications between the complainant and DND, notes from the allegation meeting, and any documents it intends to rely upon.

The union requested an adjournment on the first day of a termination grievance hearing because the grievor failed to attend, citing recent medical treatment.

The employer objected and sought dismissal of the grievance, arguing the grievor failed to provide advance notice or medical documentation.

The arbitrator granted the adjournment without conditions, noting the serious nature of a termination grievance and that the grievor had contacted the union the previous evening regarding her medical situation.

The grievor, a long-service employee, was promoted to a Volunteer Services Coordinator position and placed at Step 4 of the salary range in accordance with the collective agreement's promotion provisions.

The grievor argued this was unfair because a co-worker with less seniority was placed at a higher step (Step 6) upon promotion to the same role.

The arbitrator dismissed the grievance, finding that the Employer had strictly complied with the collective agreement's pay administration rules and that perceived unfairness compared to another employee did not constitute a violation of the agreement.

The grievance of Marcia Williams was adjourned on consent of the parties.

The adjournment is pending the provision of medical confirmation from the grievor's physician that she is fit to proceed with a hearing or mediated settlement discussions.

The medical confirmation must be provided no later than 30 days prior to the continuation date.