6 total
Grievance over denial of tuition assistance dismissed; employer's decision was a reasonable exercise of discretion.
The grievor, a Review Officer with the Pay Equity Commission, grieved the employer's denial of his request for tuition assistance for an MBA program.
He alleged the denial was arbitrary, discriminatory, and in bad faith, constituting a reprisal for his previous pay equity complaints and grievances.
The employer maintained the denial was a valid exercise of discretion based on fiscal restraint and the fact that the MBA was not directly related to his core duties.
The Public Service Grievance Board dismissed the grievance, finding no evidence of bad faith or improper motivation, and concluding that the manager's decision was a reasonable exercise of discretion given the fiscal pressures at the time.
Grievance alleging failure to accommodate family status and breach of post rotation protocol dismissed.
The grievor, a correctional officer, was reassigned from a property officer post to accommodate his family responsibilities after his wife was injured.
Eight months later, he requested to return to the property officer post, but the employer assigned him to a different post.
The union grieved, alleging a breach of a local Post Rotation Protocol and discrimination on the basis of family status under the Ontario Human Rights Code and the collective agreement.
The Grievance Settlement Board dismissed the grievance, finding that the employer's decision not to return the grievor to the property officer post was reasonable and did not constitute a failure to accommodate his family responsibilities.
Grievance regarding overtime and escort duty assignments for operational managers partially clarified on preliminary issue.
The grievors, Operational Managers at a detention centre, filed grievances claiming entitlement to certain overtime and escort duty opportunities.
One grievor failed to appear on the first day of the hearing without sufficient explanation, resulting in the dismissal of his grievance.
For the remaining grievor, the Board addressed the preliminary issue of whether an enforceable term or condition of employment existed regarding the assignment of overtime and escort duty.
The Board found that while certain employer policies and memos constituted terms of employment, they did not guarantee escort duty in non-emergency situations and provided no monetary remedy for missed overtime opportunities.
The parties were directed to consider the outstanding grievances in light of these findings.
Grievance for travel and meal expenses dismissed as temporary assignment was accepted for personal reasons.
The grievor, a Probation and Parole Officer, claimed mileage, meal, and travel time expenses for the period she spent backfilling a temporary vacancy at a different office.
The grievor had requested not to return to her home office for personal reasons and accepted the temporary assignment offered by the employer.
The Grievance Settlement Board dismissed the grievance, finding that the employer did not require the grievor to use her automobile for business purposes, nor did it authorize the travel time.
The travel was considered normal commuting to and from her workplace, and the meal periods did not fall under the collective agreement's travel exemptions.
Preliminary objection partially granted; older expense claims dismissed as untimely but recent claim allowed to proceed.
The union filed a grievance claiming travel and meal expenses for the grievor's temporary assignment from June 2004 to December 2006.
The employer brought a preliminary motion to dismiss the grievance as untimely, arguing the claims should have been filed as they were incurred.
The Grievance Settlement Board applied the employer's policy directive, which required claims to be submitted by the end of the first quarter of the following fiscal year.
The Board found the claims for 2004 and 2005 were significantly out of time with no reasonable grounds for an extension.
However, the claim for 2006 was raised within the allowable timeframe.
The preliminary objection was partially granted, dismissing the 2004 and 2005 claims but allowing the 2006 claim to proceed.
Grievance dismissed as inarbitrable because the disputed position fell outside the bargaining unit.
The union filed a grievance alleging that the employer breached the collective agreement by failing to interview the grievor for a Senior Operations Officer position.
The employer raised a preliminary objection that the grievance was inarbitrable because the position in question did not fall within the bargaining unit.
The union acknowledged this fact and did not dispute that the employer had no collective agreement obligation to the grievor regarding the filling of the position.
The Grievance Settlement Board upheld the preliminary objection and dismissed the grievance as it did not raise an arbitrable issue.
