OGSB 2020

The union filed several grievances on behalf of an employee regarding a workplace injury incident and accommodation issues.

The grievor alleged the employer failed to provide a safe workplace, improperly used video surveillance to dispute her WSIB claim, and failed to accommodate her need for an ergonomic chair.

The arbitrator dismissed the grievances, finding the employer had the right to dispute the WSIB claim and provide the requested video to the WSIB.

The arbitrator also found insufficient evidence that the employer failed to accommodate the grievor, noting the employer generally acted quickly to repair the shared ergonomic chair when it broke.

The Union filed grievances alleging the Employer failed to provide attendance credits and failed to convert fixed-term positions to regular full-time positions.

At a hearing for preliminary matters, the parties reached an agreement on procedural steps.

The Arbitrator ordered the Employer to produce requested documentation, the Union to provide will-say statements, and established the relevant time frame for the grievances as going back to May 14, 2016.

The matter was scheduled to continue on subsequent dates.

In a grievance arbitration concerning alleged breaches of a community escort agreement, the Grievance Settlement Board ordered the Union to provide particulars of the grievances, including specific dates and shifts at issue, along with relevant document production within 90 days.

The Employer was ordered to provide its responses within 90 days of receiving the Union's particulars and production.

The parties sought a consent order from the Grievance Settlement Board regarding the assignment of community escorts for incarcerated offenders.

The Arbitrator issued a consent order clarifying that the Employer must utilize Classified Correctional Officers before Fixed-Term officers, cannot bypass protocol to assign the same staff continuously, cannot hire Police Services when Correctional Staff are available, and must assign duties to officers with the lowest number of community escort hours, subject to operational needs.

The Employer brought a preliminary motion arguing that a grievance filed on June 26, 2017, regarding Short Term Sickness Plan entitlements from 2014, was untimely.

The Union argued the delay was due to the grievor's lack of knowledge of the grievance procedure, her medical leave, and fear of retribution from alleged harassment.

The Arbitrator applied the factors for extending time limits under section 48(16) of the Labour Relations Act and found the 2.5 to 3-year delay was extreme and unjustified.

The Arbitrator concluded the Employer would be substantially prejudiced by the delay and dismissed the grievance as untimely.