OGSB 2023

The Union brought a motion to void the grievor's discharge for alleged sick leave abuse, arguing the Employer delayed its investigation by over two years after receiving a summons related to the grievor's other employment.

The Arbitrator dismissed the motion, finding the Employer had no reasonable basis to suspect misconduct at the time of the summons and acted immediately once it discovered the specific allegations on the College of Nurses website.

The Arbitrator also found no prejudice to the grievor, as she had been dealing with the same allegations in other proceedings.

In a job competition grievance, the parties requested a procedural order regarding disclosure.

The Arbitrator ordered the Employer to produce the applications, interview records, and appraisals of the top eight applicants, with personal identifying information redacted and replaced by unique identifiers.

The order also included a confidentiality provision restricting the use of the materials to the present proceeding.

The union filed a grievance on behalf of a fixed-term correctional officer seeking full credit for military service and a recalculation of his continuous service date.

The employer argued the grievor had a 22-week break in employment, which reset his accumulated hours to zero, and that he had received the maximum allowable credit for his military leaves under the collective agreement.

The arbitrator agreed with the employer, finding the grievor lost all accumulated hours prior to October 2018 due to a break in employment exceeding 13 weeks, and had received the maximum recognition for his military leaves of absence.

The grievance was dismissed.

A previous decision allowed the grievance alleging the grievor was improperly denied Short Term Sickness Plan (STSP) benefits, and the arbitrator remained seized to determine the amount owing.

The grievor sought $6,008.00 in wages, $1,500 in damages, and 40 hours credited to her vacation bank.

The arbitrator ordered the employer to pay the grievor $4,508.92 in wages, subject to statutory deductions, and dismissed the claims for damages and vacation credits.

The union filed a grievance on behalf of a correctional officer alleging the employer breached the collective agreement by issuing a three-day disciplinary suspension for leaving the institution an hour before the end of his night shifts.

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

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

The grievor, represented by the union, alleged that she was the victim of harassment when a manager made sarcastic and demeaning remarks to her regarding a COVID screening document.

The arbitrator found that while the manager's remarks were inappropriate and sarcastic, they constituted a single "one-off" exchange during a work-related disagreement.

The arbitrator concluded that the conduct did not rise to the level of harassment as defined in arbitral jurisprudence.

The grievance was dismissed.

In a grievance arbitration regarding the employer's alleged failure to accommodate the grievor, the employer sought production of the grievor's complete medical record.

The arbitrator balanced the employer's need to present its case against the grievor's privacy interests.

The union was ordered to produce all medical records substantiating the medical restrictions at the time accommodation was sought, with the employer retaining the right to seek further production if necessary.

The parties agreed to amend a prior order dated July 6, 2021.

The Arbitrator ordered the amendment to allow union counsel to forward a copy of the Investigator's Report to two additional union officials, subject to the conditions set out in the original order.

The Union requested pre-hearing disclosure of an Investigation Report and related materials concerning allegations of misconduct by the grievor.

The Employer objected on the basis that the documents contained sensitive personal information and statements from individuals with an expectation of confidentiality.

The arbitrator ordered the Employer to produce the documents subject to strict confidentiality conditions, including restrictions on copying, sharing, and retaining the materials.

The Union filed grievances on behalf of 30 Correctional Officers who were suspended with pay pending investigation into allegations of excessive use of force and failure to report.

The Union argued the Employer failed to comply with a 2012 Memorandum of Settlement, which required the Superintendent to consider whether each employee could remain in the workplace in some capacity, the anticipated length of the investigation, and the seriousness of the allegations.

The Arbitrator found the Employer failed to establish that the Superintendent considered these factors for each individual employee prior to deciding to suspend them.

The matter of remedy was remitted to the parties.

The Employer brought a motion challenging the timeliness of a grievance filed by the Union regarding a 20-day suspension of a correctional officer.

The grievance was filed more than 16 months after the deadline.

The Union requested an extension of time under section 48(16) of the Labour Relations Act.

The arbitrator applied the Schiff factors and found that the delay was extreme, the grievor was solely responsible for abandoning the initial grievance, and the Employer would suffer prejudice due to faded memories.

The arbitrator declined to exercise discretion to extend the time limits and dismissed the grievance.

The Union filed a policy grievance alleging the Employer violated the collective agreement by failing to recognize the National Day for Truth and Reconciliation as a paid holiday.

The Arbitrator found that the parties had reached a binding settlement during the grievance process when the Employer confirmed in writing it would recognize the day as a paid holiday and the Union subsequently withdrew its initial grievance.

In the alternative, the Arbitrator held that the day qualified as a 'special holiday' proclaimed by the Governor General under the collective agreement.

The grievance was upheld.

The union filed grievances alleging the employer violated the collective agreement by failing to provide requested position descriptions within 20 working days.

Following mediation, the parties agreed to a consent order wherein the employer acknowledged the violation and agreed to provide the outstanding position descriptions by a specified date.

The arbitrator issued the consent order as a binding decision of the Grievance Settlement Board.

The Arbitrator was appointed to hear 14 grievances between the union and the employer.

Following submissions from the parties on how the matter would be adjudicated, the Arbitrator issued procedural directions under article 22.16 of the collective agreement.

The union's filings were deemed complete, and the employer was directed to reply by a specified date.

The Arbitrator indicated that further explanation or oral submissions would be requested for specific grievances if necessary, while others would be decided on the written materials.

The Union requested pre-hearing disclosure of documents relating to the Employer's allegations of misconduct by the grievor.

The Employer objected on the basis of privacy and confidentiality.

The Arbitrator ordered the Employer to disclose the Investigation Report and non-privileged materials, subject to strict confidentiality conditions, including restrictions on copying and sharing the documents.

The Employer requested an adjournment of a hearing scheduled for January 31, 2023, due to compelling personal reasons.

The Union opposed the request.

Following a conference call, the Arbitrator granted the adjournment and set a timeline for the exchange of particulars and production.

The union filed a grievance on behalf of the grievor.

The grievor failed to attend the initial hearing and a subsequent hearing.

The arbitrator previously ordered that if the grievor failed to attend and failed to provide reasons, the grievance would be dismissed.

The grievor failed to attend the rescheduled hearing and failed to provide reasons as directed.

The employer brought a motion to dismiss the grievance.

The arbitrator granted the motion and dismissed the grievance due to the grievor's repeated non-attendance and failure to comply with the arbitrator's directions.

The Union filed a grievance alleging the Employer violated the collective agreement by contracting outside agencies to perform bargaining unit work of Correctional Officers for K-9 handler duties.

During case management, the Union sought to introduce the Correctional Services Division Canine Program and Procedures Manual.

The Arbitrator ruled that the Manual is relevant and may be disclosed, subject to strict confidentiality conditions limiting its use solely to the arbitration proceedings and requiring its destruction or return upon conclusion.

The matter was adjourned sine die.

The union requested disclosure of documents and recordings associated with two 911 calls.

The parties agreed the third-party information was relevant.

The arbitrator ordered the production of the recordings and documents subject to strict confidentiality conditions, including that they not be disseminated outside the arbitration process and that copies be returned or destroyed at the conclusion of the case.

The union filed a grievance alleging the employer violated the collective agreement by denying a request for Special and Compassionate Leave due to adverse weather conditions.

The employer denied the leave based on the grievor's proximity to the workplace, the availability of other transportation, and the fact that the office remained open.

The arbitrator found the employer's consideration of these factors reasonable and dismissed the grievance.