Grievance Settlement Board

The union grieved the grievor's discharge.

At the hearing, the employer was unable to provide full production of video recordings it intended to rely on due to technical difficulties in transferring the files.

The union objected to the employer's failure to produce the videos and brought a motion.

The arbitrator found that the employer had not addressed the technical issue with sufficient seriousness, but granted the employer an extension until September 30, 2024, to produce the videos and other requested documents.

If the employer fails to produce the materials, a conference call will be convened to determine next steps, including whether the employer will be permitted to rely on the events recorded in the videos.

During submissions on preliminary motions relating to a grievance, an electrical power failure in Toronto disconnected the grievor from the virtual hearing.

As counsel would be unable to complete their submissions that day regardless, the arbitrator adjourned the proceedings and scheduled a new date for continuation.

The union filed grievances on behalf of three fixed-term correctional officers who were sent home from their pre-scheduled day shifts and directed to work night shifts due to staff shortages.

The union argued this violated the collective agreement's overtime and scheduling provisions.

The arbitrator found no violation regarding the overtime protocol, as the employer was not obligated to assign available work to fixed-term employees over those already working overtime.

However, the arbitrator held that the employer violated the collective agreement by failing to verbally confirm the shift changes in advance, granting declaratory relief.

The grievor, a driver responsible for delivering vaccines, was suspended for one day after deliberately leaving vaccines on a loading dock, causing temperature excursions.

The employer also alleged the grievor breached his oath of office by making disparaging comments to public health units.

The arbitrator found the temperature excursions were proven and caused by the grievor's deliberate actions in protest of operational changes.

While the breach of the oath of office was not established due to reliance on hearsay, the one-day suspension was upheld as a reasonable penalty for the misconduct.

In a discharge grievance involving a correctional officer terminated for failing to conduct adequate security patrols, the Union brought a motion to preclude the Employer from leading evidence about an inmate's suicide that occurred during the grievor's shift.

The Union argued the evidence was irrelevant and prejudicial since the Employer did not allege the grievor's conduct contributed to the death.

The Arbitrator dismissed the motion, finding the evidence relevant to provide context for the investigation, the penalty imposed, and the grievor's activities, though the Employer was prohibited from leading evidence to show the grievor caused the death without formally amending the grounds for discharge.

The Union filed a policy grievance alleging the Employer violated the collective agreement by assigning a non-bargaining unit employee (the Secretary to the Superintendent) to perform temperature checks on staff during the COVID-19 pandemic on an overtime basis.

The work had previously been performed by bargaining unit members.

The Arbitrator upheld the grievance, finding that allowing a non-bargaining unit employee to perform work regularly done by the bargaining unit undermined the integrity of the bargaining unit and violated the collective agreement's implied restrictions and overtime protocols.

The issue of the appropriate remedy was remitted back to the parties, as the matter of remedial relief for such violations was currently being litigated in another proceeding before the Grievance Settlement Board.

The grievor, a Correctional Officer, alleged that the Employer delayed processing his Record of Employment and EI pay stubs, which delayed his receipt of parental leave top-up pay under the collective agreement.

He sought 24 hours of overtime pay for the time spent communicating with the Employer and Service Canada.

The Arbitrator dismissed the grievance, finding that any delay was largely attributable to Service Canada's standard administrative processes and that the Employer's actions did not amount to an egregious mishandling warranting remedial relief.

The grievor failed to attend the scheduled video conference hearing for his grievance.

The union representative was unable to contact him.

The arbitrator adjourned the hearing and directed the grievor to provide reasons for his non-attendance by a specified date, failing which the grievance may be dismissed.

The grievor requested an alternative work arrangement (AWA) to work remotely five days a week.

The Employer denied the request, relying on Secretary of Cabinet memoranda that mandated a return to the office for a minimum of three days a week.

The Association grieved the denial, arguing the Employer failed to consider the request in good faith and the operational viability of the AWA, as required by Article 47.1 of the Collective Agreement.

The Grievance Settlement Board allowed the grievance, finding that the Employer applied a blanket policy, fettered its managerial discretion, and actively avoided disclosing the true reasons for the denial.

The matter was remitted to the manager for reconsideration in accordance with the Collective Agreement.

The union filed a grievance alleging that the employer violated the grievor's rights under Bill 168 and the collective agreement.

The parties participated in an expedited mediation-arbitration process.

The arbitrator upheld the grievance in part and directed the employer to pay the grievor $600.

The Union grieved the Employer's failure to recognize the National Day of Mourning for Her late Majesty Queen Elizabeth II as a paid holiday under the collective agreements.

The collective agreements provided for paid holidays including 'any special holiday as proclaimed by the Governor General or Lieutenant Governor.' The Arbitrator found that the federal and provincial proclamations and statements requested a day of mourning but did not proclaim a public holiday that became the law of the land.

The grievance was dismissed.

The parties agreed to remit the issue of whether the complainant should have been converted into a Youth Justice Trainer position effective July 31, 2022, for an expedited determination without reasons.

The arbitrator directed the employer to place the complainant into the position on a permanent basis retroactive to that date, with all commensurate compensation and benefits, and deemed the probationary period completed.

The union grieved the employer's failure to automatically convert the grievor's fixed-term position to a regular service position after 18 months.

The employer argued the grievor fell short of the required straight-time hours due to 58 unpaid sick days, which it asserted did not constitute an 'authorized leave of absence' under the collective agreement.

The arbitrator, bound by prior Grievance Settlement Board jurisprudence, held that unpaid absences not covered by an earned credit do not count as authorized leaves of absence for the purpose of conversion.

The grievance was dismissed.

The parties convened for mediation which proved unsuccessful.

The arbitrator addressed case management issues, ruling that evidence regarding cause for discipline and appropriate penalty (including damages in lieu of reinstatement) would be heard together, while the calculation of any damages would be bifurcated.

The arbitrator also granted the Union's request to adjourn a scheduled hearing date because the grievor had recently commenced new employment and faced potential consequences for further absences during her probationary period.

The grievor, a Mental Health Nurse, filed a grievance alleging the employer failed to protect her from sexual harassment by an inmate, in breach of the collective agreement, the Occupational Health and Safety Act, and the Human Rights Act.

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

The arbitrator found that the grievor was sexually harassed by the inmate and that the employer failed in its duty to protect employees from third-party harassment.

The grievance was granted, and the employer was ordered to pay $1,500 in damages.

The union filed a grievance on behalf of a correctional officer alleging that the employer breached the collective agreement by issuing a two-day suspension for unprofessionalism and insubordination.

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

The arbitrator found that the discipline was appropriate in the circumstances and dismissed the grievance.

The union filed a grievance alleging the employer failed to convene a Stage 3 meeting within the time limits set out in the collective agreement regarding an underlying harassment grievance.

The arbitrator dismissed the grievance, finding that the collective agreement expressly provides a remedy for missed timelines—moving the grievance to the next stage—which had already occurred.

The arbitrator noted that scheduling is a shared responsibility and that the requested remedies, including fines and renegotiation of the grievance procedure, were outside the arbitrator's jurisdiction.

The grievor, a Correctional Officer, filed a grievance alleging that the employer breached the collective agreement and the Occupational Health and Safety Act when her supervisor harassed her by yelling at her.

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

The arbitrator found that while the supervisor's behaviour was inappropriate, the employer took reasonable steps to address the matter.

The grievance was dismissed.

The parties met to mediate a settlement of a termination grievance but determined that prehearing production was necessary.

The arbitrator issued a case direction outlining the agreed-upon schedule for prehearing production, exchange of documents, and a subsequent mediation date.

The parties convened for a mediation/arbitration regarding a grievance alleging violations of the collective agreement, the Occupational Health and Safety Act, and the Human Rights Code.

Following an unsuccessful mediation, the parties agreed to a procedural schedule for prehearing production and the exchange of witness declarations.

The arbitrator issued a case management decision formalizing the agreed-upon manner of proceeding and schedule.