OGSB 2019

The Union raised a jurisdictional challenge to the Employer's counterclaim for reimbursement of alleged double payments made to the Grievor while he was receiving WSIB benefits.

The arbitrator issued directions for the parties to provide written submissions on the jurisdictional challenge before proceeding further.

The union filed a group grievance on behalf of correctional officers at the Ontario Correctional Institute, alleging the employer breached a Memorandum of Agreement by failing to collapse Resource Position Management (RPM) schedules into the main schedule.

The grievors claimed damages for lost backfill opportunities at regular and overtime rates.

The arbitrator reviewed the relevant agreements and concluded that no one was disadvantaged at the time.

The grievance was dismissed.

The grievor, a Correctional Officer, filed a grievance claiming his vacation credits and continuous service date should be calculated from March 9, 2009.

The arbitrator found that the issue had already been decided in a previous grievance between the same parties.

The grievor had resigned from his previous position on October 3, 2014, to take a fixed-term position, which constituted a break in service under the collective agreement.

The grievance was denied.

The grievor, a fixed-term Correctional Officer rolled over to permanent status, filed a grievance claiming his Continuous Service Date (CSD) was incorrectly calculated.

He argued he should have been credited with 40 hours per week during an 18-month paid suspension and a five-year period where he worked 36 hours per week, allegedly as a family status accommodation.

The Arbitrator found no evidence supporting the family status accommodation claim and noted the grievor had previously agreed not to grieve the paid suspension period.

The Arbitrator also rejected the union's argument that the calculation method for fixed-term employees on paid suspension was discriminatory.

However, based on a recalculation by the parties, the grievance was upheld in part, and the employer was directed to amend the grievor's CSD to January 4, 2015.

The union filed a grievance claiming statutory holiday pay on behalf of an employee at the Thunder Bay Correctional Centre.

The parties participated in an expedited mediation-arbitration process.

The arbitrator found no breach of the collective agreement and dismissed the grievance without reasons, in accordance with the negotiated protocol.

The union filed a grievance on behalf of a fixed-term Correctional Officer, claiming her Continuous Service Date (CSD) was incorrectly calculated because she was not credited with 40-hour weeks during a period of sick leave.

The arbitrator reviewed the calculation of hours for fixed-term employees on sick leave, noting that the formula requires averaging the hours worked in the 13 weeks prior to the leave.

Finding that the grievor did not average 40 hours per week in that period, the arbitrator upheld the grievance in part and directed the employer to adjust the grievor's CSD to November 3, 2008.

The grievor, a classified Cook 2, applied for and accepted a fixed term Correctional Officer position.

The employer required her to choose between the two positions, leading her to resign from her Cook 2 role.

She subsequently filed a grievance claiming she was forced to resign under duress and was treated differently than male colleagues by not being allowed to carry her seniority for rollover purposes.

The arbitrator dismissed the grievance, finding that under the collective agreement, the grievor's resignation terminated her continuous service, and there was no right to hold two positions or transfer seniority in these circumstances.

The union filed a grievance on behalf of the grievor claiming overtime pay.

The parties participated in an expedited mediation-arbitration process for the offender transfer operations of the Provincial Bailiffs.

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

The union filed a grievance on behalf of an employee who transferred from an OAG 6 position at a closing facility to an OAG 4 position at a new facility, alleging a violation of salary protection provisions in the collective agreement.

The arbitrator found that the employee accepted the transfer knowing she would be moving to a lower classification to avoid being placed on the surplus list.

The grievance was dismissed as the employee received the full benefit of salary protection in accordance with the collective agreement and the cross-ministry transfer agreement.

The union filed a grievance on behalf of an employee at the Maplehurst Correctional Complex, alleging that the employer improperly calculated her Continuous Service Date (CSD).

The parties had previously established a transition process to address restructuring issues.

Upon reviewing the grievor's hours and hearing submissions, the arbitrator agreed with the parties that the CSD should be amended.

The grievance was upheld, and the employer was directed to amend the grievor's CSD to September 6, 2010.

The Employer brought a motion to strike many of the Union's particulars on the basis that they predated the grievance by more than three years or lacked sufficient particularity.

The grievance alleged failure to accommodate and harassment.

The Arbitrator applied the 'three year rule' guideline for harassment cases, finding that the events predating 2017 were not relevant to proving that the events post-dating 2017 constituted harassment, as they related to different issues and involved different individuals.

The Arbitrator struck the particulars predating 2017, but allowed the Union an opportunity to make further submissions regarding the relevance of particulars from October 2014 to February 2017.

The union filed a grievance regarding the assignment of overtime at the Central North Correctional Centre, involving at most two hours of overtime.

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 fixed term Correctional Officer, requested a transfer to another facility on compassionate grounds before completing the required one year of service.

He subsequently resigned to take a position with another Ministry, and later obtained a new fixed term contract at his desired facility.

The union grieved, arguing his seniority should carry over.

The arbitrator dismissed the grievance, finding that under Article 18.4 of the collective agreement, the grievor's resignation caused a break in service, terminating his continuous service up to that point.

In a grievance arbitration involving multiple grievances filed by an employee, the Grievance Settlement Board made procedural orders at the request of the parties.

The Board ordered the union to provide full particulars relating to each grievance and the employer to make full disclosure relating to the discipline grievance, to be complied with 60 days prior to the next scheduled hearing date.

The union filed a grievance regarding the denial of compassionate leave for the grievor.

The parties participated in an expedited mediation-arbitration process.

The arbitrator considered the representations of the parties and found no breach of the collective agreement.

The grievance was denied.

The union requested an order compelling the employer to make a quarterly payment due under Minutes of Settlement on or before April 29, 2019.

The employer assured the Board the payment would be made but the union sought an order because the employer had been late with three payments in 2018.

The Arbitrator, remaining seized of disputes under the settlement, ordered the employer to make the payment on or before April 29, 2019.

In an interim decision regarding a workplace grievance, the Grievance Settlement Board ordered the Employer to produce video surveillance footage from the Ottawa Carleton Detention Centre.

The production was subject to strict conditions, including that the video be examined at a neutral location, not be copied or distributed, and be returned at the conclusion of the proceedings due to safety, security, and privacy concerns.

In an interim decision regarding multiple grievances, the Employer requested authorization for its advisor and instructor to review the grievor's redacted medical file.

The Union objected on the basis of medical privacy.

The Arbitrator granted the Employer's request, finding that the Employer's counsel could not properly prepare for the litigation without seeking guidance from her advisor and instructor regarding the medical facts.

The Arbitrator ordered the production of the medical records pursuant to s. 48(12)(b) of the Labour Relations Act, 1995, subject to strict confidentiality conditions, limiting use solely to the hearing, and requiring the return or destruction of the documents upon completion of the case.

The union filed a grievance on behalf of an administrative assistant claiming she should have been assigned overtime instead of a less senior employee.

The employer had assigned the overtime to another administrative assistant to complete a time-sensitive project she was already working on, which was not part of the grievor's regular assignment.

The arbitrator found that the Programs Department Overtime Protocol did not apply to the staff in question and that the employer reasonably exercised its management rights to meet operational requirements.

The grievance was denied.

The union filed a grievance alleging that the employer violated the collective agreement when an elevator failed on a statutory holiday and no electricians were called in.

The union asserted that a manager improperly performed bargaining unit work by tampering with the elevator controls.

The arbitrator dismissed the grievance, finding no evidence that the manager entered the elevator control room or performed bargaining unit work.

Furthermore, the arbitrator noted that electricians are not the designated first trade to be called for elevator issues, and the employer properly exercised its discretion to call an external elevator repair company.