OGSB 2019

The union filed a grievance alleging the employer breached the collective agreement by deducting 24 hours of the grievor's pay for failing to attend off-site training.

The grievor claimed he attended the location but no one was there, while the employer maintained the training proceeded and the grievor did not attend.

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

The arbitrator denied the grievance.

The union filed grievances on behalf of probation and parole officers alleging that the employer violated the collective agreement, specifically the health and safety provision, by failing to provide adequate administrative support during a period of reduced staffing.

The arbitrator found that while the workload increased and created a stressful environment, the employer made reasonable efforts to replace absent staff and did not demand longer hours or threaten discipline.

The arbitrator concluded that the employer did not contravene the collective agreement and dismissed the grievances.

The union filed a grievance alleging ongoing harassment and discrimination.

The employer raised preliminary objections, arguing that a prior Memorandum of Settlement (MOS) signed on March 12, 2015, precluded reliance on any events prior to that date, and that allegations regarding the processing of the grievor's Long Term Income Protection (LTIP) claim fell within the exclusive jurisdiction of the Joint Insurance Benefits Review Committee (JIBRC).

The Arbitrator agreed with the employer on both points, finding the MOS settled all pre-signing matters and that the collective agreement conferred exclusive jurisdiction over LTIP disputes to JIBRC.

The union was directed to provide a fully particularized will-say statement for post-MOS allegations unrelated to the LTIP process.

The grievor, a correctional officer, filed a grievance alleging the employer breached the collective agreement by requiring him to write an occurrence report for being late after already signing a late slip.

The union alleged differential treatment and harassment.

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

The arbitrator denied the grievance.

The union filed a grievance on behalf of a correctional officer alleging that the employer breached the collective agreement by denying payment of meal and travel expense claims.

The employer maintained that the claims were not filed within the required time limits.

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

The arbitrator denied the grievance.

The grievor, an electrician, sought mileage reimbursement for using his personal vehicle to travel to work when called back while on-call, after the employer discontinued a practice of allowing on-call employees to take fleet vehicles home.

The union argued that responding to a call-back constituted being on the employer's business.

The arbitrator dismissed the grievance, finding that travel between an employee's residence and their regular workplace during a call-back is not travel on the employer's business under the collective agreement, and the employer did not require the grievor to use his personal vehicle.

The grievor, a retired correctional officer, filed a grievance alleging the employer breached the collective agreement by disposing of property left in his locker.

The employer maintained that ample notice was given to employees to clear their lockers and the grievor failed to do so.

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

The arbitrator denied the grievance, finding no breach of the collective agreement.

The union filed a group grievance alleging an abuse of management rights regarding the caseloads of Victim Witness Service Workers at the Brampton office compared to other offices, and the employer's refusal to provide workload statistics.

The arbitrator dismissed the grievance, finding that even if the allegations were true, they would not amount to a violation of the collective agreement, as the employer retains the right to determine work allocation and is not obligated to equalize work or provide statistics.

The union filed a grievance alleging the employer failed to accommodate the grievor's disability with respect to her workload.

Following a prior decision directing the union to provide further particulars of specific accommodation requests that were denied, the union submitted further particulars.

The arbitrator found that the employer had complied with all medically supported accommodation requests and that the new particulars did not establish a breach of the duty to accommodate.

A new allegation regarding environmental sensitivities was dismissed for lack of jurisdiction as it was unrelated to the workload grievance.

The grievance was dismissed.

The union filed a group grievance alleging that the employer breached the collective agreement by having management perform bargaining unit work, specifically discharge planning, which denied bargaining unit members overtime opportunities.

The employer acknowledged that discharge planning is bargaining unit work.

The arbitrator issued a declaration affirming that discharge planning for inmates is bargaining unit work, which disposed of the grievance.

The Union filed a grievance alleging the Employer violated the collective agreement and the Administrative Compensating Leave (ACL) Letter of Understanding by not prorating ACL entitlement for employees who commenced employment after January 1, 2016.

The Union argued that the ACL credits should be granted in full or prorated for employees hired after January 1 of the relevant year.

The Arbitrator dismissed the grievance, finding that the plain wording of the ACL LOU obliges the Employer to grant 36 hours of ACL credits only to full-time and fixed-term correctional employees who were in the bargaining unit on January 1, 2016, and on January 1, 2017.

The language did not support granting or prorating credits for employees hired after those dates.

The parties reached a settlement regarding a 2017 grievance concerning registered nurses working during unpaid breaks, except for the issue of retroactive compensation.

The Union also sought to consolidate a 2014 grievance on the same issue.

The Arbitrator ordered the Union to provide particulars regarding the 2017 grievance, including a list of shifts worked during unpaid breaks without compensation, and scheduled a hearing to determine the scope of retroactive compensation and whether the grievances should be consolidated.