OGSB 2019

The Association filed a grievance alleging a breach of the Respectful Workplace Policy, workplace discrimination and harassment, and a dispute over the complainant's salary during temporary assignments.

The Arbitrator ordered the Employer to pay the complainant $6,500 in general damages for the harassment and discrimination allegations.

The Arbitrator also ordered the complainant to repay approximately $5,400 to $5,500 in disputed salary received during a temporary assignment, while finding the Employer was not entitled to repayment for a subsequent period.

The union filed a grievance alleging the employer failed to inform a disabled employee of early retirement options that would have allowed her to receive full pension benefits at no extra cost.

The employer brought a motion arguing the grievance was inarbitrable because the pension plan was not part of the collective agreement.

The arbitrator upheld the employer's motion, finding that the collective agreement contained no reference to pensions and the employer had no duty to communicate regarding matters outside the agreement.

The grievance was dismissed.

The Employer brought a motion to strike paragraphs of the Union's statement of particulars for being insufficiently particularized.

The Union argued it needed production of log books before finalizing particulars.

The Union also sought production of the grievor's note books, which the Employer agreed to produce subject to restrictions.

The Arbitrator issued an interim order setting a schedule for the production of documents, including log books and note books, and the subsequent provision of final particulars by the Union, with a conference call scheduled to address any remaining objections.

In a grievance arbitration, the parties raised several preliminary issues regarding document production and the striking of particulars.

The arbitrator ordered the employer to produce unredacted log books subject to strict confidentiality conditions, and ordered the grievor to return Ministry notebooks.

The arbitrator declined the employer's request to strike paragraphs of the union's particulars that detailed events occurring after the grievance was filed, finding that the post-grievance events were potentially relevant to establishing a pattern of harassment and assessing damages.

The parties agreed to a bottom-line decision without reasons under Article 22.16 of the collective agreement.

The arbitrator found in favour of the union on both the red circling issue and the collective agreement duration issue.

The parties disputed the interpretation of Minutes of Settlement regarding the grievor's entitlement to reimbursement for travel expenses incurred prior to the settlement.

The Association argued the expenses were not addressed in the settlement, while the Employer argued the settlement resolved all outstanding issues.

The Arbitrator directed the Employer to reimburse the grievor $1445.95 for travel expenses.

The grievors, fixed-term employees on paid administrative suspension, had eight hours of pay deducted for each statutory holiday that fell during their suspension.

The union grieved the deductions.

The arbitrator allowed the grievances, finding that the letter of understanding between the parties created a complete regime for calculating pay during suspensions based on averaging previous hours worked, and did not provide for any reduction in pay for weeks containing statutory holidays.

The union grieved the employer's assignment of a 12-hour shift to a fixed-term employee, which resulted in the fixed-term employee working 84 hours in a two-week period and becoming eligible for four hours of overtime.

The union argued the entire 12-hour shift should have been offered as an overtime opportunity to employees on the overtime list.

The arbitrator found that while the employer has the right to use fixed-term employees to avoid overtime, the overtime opportunity should be measured by the hours of overtime available when the shift was offered.

The employer was ordered to pay four hours of overtime to the next eligible employee on the overtime list.

The Union sought disclosure of an Investigation Report in the context of a grievance arbitration.

During a conference call, the parties consented to the disclosure of the report subject to strict confidentiality conditions.

The Arbitrator ordered the Employer to disclose the report, stipulating that it remain in Union Counsel's possession, be reviewed by the grievor only in counsel's presence, not be copied electronically, and be destroyed at the conclusion of the litigation.

Counsel for one of the individuals involved requested an adjournment of the arbitration proceedings pending the completion of his criminal trial, citing potential impacts on the issues before the Board and bail conditions affecting his attendance.

The union argued that procedural matters and accommodation requests should proceed in the interim.

The employer opposed the adjournment.

The arbitrator granted an adjournment until September 15, 2019, noting the uncertainty of the criminal trial's completion date.

An exception was made for procedural issues that could be addressed via teleconference or in writing, though medical accommodation requests were deferred until after the adjournment period.

The union alleged that the employer breached a 2007 settlement agreement by failing to deliver job postings to the grievor's home by courier on three occasions.

The grievor, who had been on long-term disability for nearly 20 years, claimed $70,000 in damages for stress.

The arbitrator found that the employer had fulfilled its delivery obligations by sending the packages via courier, and the risk of non-receipt fell on the grievor when she failed to answer the door or retrieve the packages from the depot.

The grievance was dismissed, and the arbitrator imposed procedural requirements for any future similar claims.

The grievor had previously been granted accommodation to participate in the arbitration hearing via teleconference due to medical reasons.

In a subsequent interim decision, the arbitrator directed the grievor to attend the union's office to continue her teleconference participation so that the employer could complete its cross-examination.

The grievor provided a medical note indicating she was unable to comply with this direction.

To ensure a full and fair hearing, the arbitrator adjourned the matter for six months or until the grievor is fit to attend the union's office, with the possibility of dismissing the grievances if she remains unable to continue.

In an ongoing grievance arbitration involving allegations of harassment and unjust dismissal, the grievor had previously been granted an accommodation to participate via teleconference due to medical reasons.

During cross-examination, the grievor was highly disruptive, argumentative, and rude.

The arbitrator determined that the current teleconference arrangement was no longer feasible.

To continue accommodating the grievor's medical needs while ensuring the hearing could proceed properly, the arbitrator ordered that the grievor may continue to participate via teleconference, but must do so from the union's office in the physical presence of her counsel.

The grievor, a Correctional Officer 2, failed to attend scheduled expedited mediation/arbitration proceedings regarding three grievances.

Despite prior notices and a specific order from another arbitrator warning that failure to attend the April 10 and 11, 2019 sessions would result in the grievances being deemed withdrawn, the grievor again failed to appear.

Consequently, the arbitrator deemed the three grievances withdrawn.

The union requested that the complainant be permitted to testify via videoconference based on existing medical documentation, or alternatively, that the hearing be adjourned to allow for further medical evidence to be filed.

The arbitrator denied the request for videoconference testimony on the current record but granted a brief adjournment to provide the complainant one final opportunity to produce medical evidence supporting her claimed inability to testify in person.

The grievor, a Fixed Term Correctional Officer, filed a grievance claiming his hours worked at the Toronto South Detention Centre were not counted when calculating his total hours for permanent position ranking at the Hamilton Wentworth Detention Centre.

The parties had previously agreed to count his hours and he was rolled over into a permanent position with an adjusted Continuous Service Date.

The grievor sought additional compensation including recalculation of vacation time, overtime, and a merit increase.

The Arbitrator found that because the grievor and the institution circumvented the agreed-upon transition process, and since the employer had already recognized his prior hours and rolled him over, the grievance was resolved and the claims for additional compensation were denied.

The union filed a grievance relating to a claim for overtime on behalf of the grievor.

The parties participated in an expedited mediation-arbitration process.

The arbitrator found that the grievance was untimely and denied the grievance.

The parties contacted the Grievance Settlement Board seeking an order for particulars in advance of the next scheduled hearing date.

The Arbitrator ordered the Employer to produce the materials identified as the 'Appendixes to the Report' to the Union, with the condition that the disclosure only be used for purposes related to the proceeding.

The employer brought a preliminary motion challenging three allegations raised by the union on the eve of arbitration—that the grievor had completed his probationary period, and that his termination violated the Human Rights Code and the Public Service of Ontario Act.

The employer argued these allegations constituted an improper expansion of the original grievance, which only alleged the termination was untimely, unjust, without cause, and/or too severe.

The Arbitrator agreed, finding that the new allegations were not inherent in the original grievance and had not been raised during the grievance process, thereby depriving the employer of the opportunity to investigate and resolve them.

The allegations were ruled not arbitrable.

The union grieved a five-day suspension imposed on the grievor at the Thunder Bay Correctional Centre.

The parties participated in an expedited mediation-arbitration process.

The union conceded there was cause for discipline but disputed the quantum.

The arbitrator upheld the five-day suspension and denied the grievance.