OGSB 2022

The grievor, a regular classified employee, accepted a fixed-term seasonal position and subsequently signed a resignation package to receive her vacation payout.

When she later accepted a new regular position, her continuous service date was adjusted to reflect a break in service.

The union grieved, arguing she was misled about the consequences of signing the resignation package.

The Grievance Settlement Board dismissed the grievance, finding that under the collective agreement and employer policy, an employee cannot hold both a regular and fixed-term position simultaneously, and her signed resignation deemed her continuous service terminated.

The union filed a grievance on behalf of a fixed-term youth service officer, alleging the employer improperly calculated her hours worked by failing to credit sick time and WSIB absences, and failed to post accumulated hours quarterly.

The employer argued the grievance was untimely because the grievor failed to raise discrepancies within the required deadlines after hours were posted in 2017, 2018, and 2019.

The arbitrator dismissed the grievance, finding the grievor waited too long to raise her concerns and that ignorance of her rights or being too busy were not acceptable reasons for the delay.

In a grievance arbitration between the Amalgamated Transit Union and Metrolinx, the parties agreed to make best efforts to provide mutual disclosure and particulars by a specified date.

The union agreed to provide the grievor's medical and benefits records, as well as particulars of accommodations not provided.

The employer agreed to provide documents related to its efforts to accommodate the grievor's medical conditions.

The hearing was adjourned to dates to be arranged.

During an arbitration hearing, the employer objected to the admission of certain evidence contained in will-say statements disclosed by the union.

The arbitrator excluded portions of the grievor's will-say that related to allegations previously adjudicated by the board, finding that admitting them would allow relitigation of decided issues.

The arbitrator also excluded portions of will-say statements from two other employees that described their own experiences, as those experiences were not part of the grievance's particulars and would require the board to make findings of discrimination against employees who had not filed grievances.

Hearsay evidence within the admitted portions was allowed subject to weight.

The union sought production of a job competition file and the employer's Covid policies in relation to a grievance.

Following a case management session, the arbitrator ordered the employer to produce the job competition file subject to a strict confidentiality undertaking by the union and the grievor.

The employer was also ordered to produce its Covid policies and protocols, as well as any management directions regarding how investigators take statements.

The grievor requested a short-notice adjournment of the hearing due to an asserted illness.

The Grievance Settlement Board granted the adjournment on the condition that the grievor provide complete written particulars and documentary evidence of the illness by a specified date.

Failure to provide the required information would result in the dismissal of the grievances without further notice.

The grievor failed to comply with two previous orders to produce medical documentation to the union and the employer by the specified deadline.

As a result of the non-compliance, the scheduled hearing was cancelled and all of the grievances were dismissed.

The grievor, a Correctional Officer, filed two grievances claiming entitlement to travel, meal, and kilometric expenses following his temporary relocation from the Ontario Correctional Institute (OCI) to the Central North Correctional Centre (CNCC) due to a COVID-19 outbreak.

The Grievance Settlement Board found that under the Memorandum of Agreement, employees who initiated their own temporary relocation to a different institution were not entitled to expense reimbursement.

Because the grievor chose to relocate to CNCC rather than follow his work to the Maplehurst Correctional Complex, he was not entitled to the claimed expenses.

Both grievances were dismissed.

The union filed grievances regarding letters of counsel issued to the grievor and the performance appraisal system's attendance scoring.

The arbitrator, acting under an expedited mediation-arbitration process, found that letters of counsel are not disciplinary and not grievable.

Furthermore, the employer had changed its performance appraisal form, eliminating the points-based system for attendance.

The arbitrator concluded there was no violation of the collective agreement and dismissed the grievances.

The union filed a grievance alleging that the employer violated the collective agreement by failing to call or canvass the grievor for overtime.

The matter proceeded to an expedited mediation-arbitration process.

The arbitrator found no violation of the collective agreement and dismissed the grievance.

The union filed a grievance on behalf of a correctional officer, alleging that the employer breached the collective agreement and the grievor's human rights by removing her from her accommodated position as a GUI instructor.

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

The arbitrator granted the grievance, finding a breach of the grievor's human rights, and ordered the employer to reinstate the grievor to the GUI instructor position.

The Union requested an adjournment of a scheduled mediation because it had lost contact with the complainant, who subsequently failed to attend.

The Employer consented to an adjournment sine die, subject to the complainant providing a suitable explanation.

The Arbitrator ordered the Union to make best efforts to contact the complainant and set deadlines for the complainant to provide an explanation for her non-attendance, failing which the dispute may be dismissed.

The Employer brought a motion to dismiss the consolidated grievances for abuse of process because the Grievor failed to comply with an interim order to produce medical documents related to her request for a medical accommodation for an inability to wear a face mask.

The Grievor, who wished to be self-represented, refused to provide the documents, disagreeing with the interim decision.

The Arbitrator declined to dismiss the case immediately, giving the Grievor a final opportunity to comply with the production order by a specified date, failing which the case would be dismissed.

The Union sought an extension of time to provide supplementary particulars and an adjournment of the hearing, citing the grievor's reported illness.

The Employer opposed the request and sought an order restricting the Union from providing further particulars, noting the grievor had attended work in person on the scheduled hearing date.

The Arbitrator denied both motions, ordering that the prior order for particulars stands, but directed the grievor to provide a detailed medical certificate explaining her inability to assist the Union and attend the virtual hearing while being able to attend work.

The union filed grievances claiming compensation for employees required to self-administer rapid antigen COVID-19 tests and report the results via a mobile application outside of working hours.

The arbitrator found that the testing and reporting requirements constituted a claim on the employees' time and therefore qualified as compensable work.

However, the arbitrator dismissed the union's claim that the testing constituted a 'call back' under the collective agreement, as the provisions required either physical attendance at the workplace or direct employer contact between shifts.

The arbitrator also allowed the union's claim for reimbursement of data costs incurred to report results, limited to circumstances where free Wi-Fi was unavailable.

The grievor was terminated from her position as a bookkeeper at a courthouse after an audit revealed she had written cheques to herself and her daughter from court funds.

She was subsequently convicted of fraud and sentenced to jail.

The union grieved the termination.

The grievor failed to attend the first two scheduled arbitration hearing dates, despite the union's efforts to contact her.

The employer requested that the grievance be dismissed.

The arbitrator declined to dismiss the grievance immediately, instead granting an adjournment to give the grievor one final opportunity to attend the next scheduled hearing date, failing which the grievance would be dismissed.

The grievor, a casual employee, filed grievances alleging the employer failed to compensate him properly under a Memorandum of Agreement when he was required to self-isolate despite not testing positive for COVID-19.

The arbitrator found no breach of the collective agreement or the Memorandum of Agreement and dismissed the grievances without written reasons, as requested by the parties.

The grievor received a letter of counsel and filed a grievance requesting its removal from his employee file.

The parties participated in an expedited mediation-arbitration process.

The arbitrator dismissed the grievance, finding that letters of counsel are not disciplinary in nature and are therefore not grievable.

The union alleged that the employer breached a 2013 order for future damages for premium pay and 2015 Minutes of Settlement.

Due to the union's concerns about the accuracy of the data relied upon by the employer to calculate the monies owed, the Arbitrator ordered that the litigation continue with the employer presenting evidence first on the method of recording and storing the data.

The union will have a full opportunity to respond, and the order of evidence does not change the legal onus.

The union filed a policy grievance alleging the employer violated the collective agreement by failing to recall a senior seasonal employee to his Far North Specialist position, and instead distributing his work to four less senior Biologist 1 employees.

The arbitrator found that while there was some overlap in duties, the core functions and responsibilities of the grievor's position, which included a leadership role and program coordination, were not substantially similar to the entry-level tasks performed by the Biologist 1 employees.

The grievance was dismissed.