140 total
Employer ordered to produce sign-in sheets to support union's claim for retroactive compensation.
The union sought an order for the production of sign-in sheets for the grievors for a one-year period to support a claim for retroactive compensation for unpaid breaks.
The employer refused, arguing the request was a fishing expedition and lacked sufficient particulars.
Applying the established test for disclosure, the arbitrator found the sign-in sheets were arguably relevant, the request was sufficiently particularized, it did not amount to a fishing expedition, and production would not cause undue prejudice.
The employer was ordered to produce the sign-in sheets.
Motion to consolidate two new grievances with six existing grievances granted due to factual linkage.
The union sought to consolidate two new grievances with six previously consolidated grievances filed by the same grievor.
The existing grievances alleged that the employer used performance coaching sessions to target the grievor for intimidation and harassment.
The new grievances alleged that the employer required the grievor to attend coaching sessions in person contrary to a commitment to conduct them via email.
The employer objected to consolidation, arguing the new grievances raised different issues and involved a different manager.
The Arbitrator granted the consolidation, finding that the union alleged the requirement for in-person sessions was part of the same pattern of intimidation and harassment, making it more efficient to hear all grievances together.
Disciplinary suspension rescinded due to concerns with the employer's investigation into the workplace incident.
The union filed grievances alleging the employer failed to protect the grievor's health and safety following a workplace incident and issued a 1-day disciplinary suspension without cause.
The arbitrator proceeded via mediation/arbitration under the collective agreement.
Finding concerns with the employer's investigation into the incident, the arbitrator rescinded the disciplinary suspension and remitted the matter to the parties to craft an appropriate remedy.
Hearing adjourned for six months due to grievor's medical inability to attend union office for cross-examination.
The grievor had previously been granted accommodation to participate in the arbitration hearing via teleconference due to medical reasons.
In a subsequent interim decision, the arbitrator directed the grievor to attend the union's office to continue her teleconference participation so that the employer could complete its cross-examination.
The grievor provided a medical note indicating she was unable to comply with this direction.
To ensure a full and fair hearing, the arbitrator adjourned the matter for six months or until the grievor is fit to attend the union's office, with the possibility of dismissing the grievances if she remains unable to continue.
Disruptive grievor ordered to participate in teleconference hearing from union office with counsel present.
In an ongoing grievance arbitration involving allegations of harassment and unjust dismissal, the grievor had previously been granted an accommodation to participate via teleconference due to medical reasons.
During cross-examination, the grievor was highly disruptive, argumentative, and rude.
The arbitrator determined that the current teleconference arrangement was no longer feasible.
To continue accommodating the grievor's medical needs while ensuring the hearing could proceed properly, the arbitrator ordered that the grievor may continue to participate via teleconference, but must do so from the union's office in the physical presence of her counsel.
Motion to strike particulars granted in part; grievance scope limited to suspension but context admissible as mitigation.
The Employer brought a motion to strike portions of the Union's particulars in a grievance arbitration concerning a five-day suspension.
The Employer argued the particulars advanced allegations of general harassment and discrimination that fell outside the scope of the grievance.
The Arbitrator held that the grievance was confined to the allegation that the five-day suspension lacked just cause and constituted harassment or discrimination.
However, the Arbitrator declined to strike all the disputed particulars, finding that evidence of the grievor's stress and overwork could be relevant as mitigating circumstances, provided the events pre-dated the suspension and were not the subject of ungrieved discipline or concurrent proceedings in other forums.
Grievance upheld; employer failed to take reasonable precautions to prevent inmate fires and protect staff.
A correctional officer filed a grievance alleging the employer violated the collective agreement and the Occupational Health and Safety Act by failing to prevent inmates from setting a series of fires in the Special Handling Unit, resulting in her suffering smoke inhalation.
The arbitrator found that the employer had been forewarned of escalating tensions and failed to take reasonable precautions, such as closing meal hatches or removing contraband, even after the first fires were set.
The grievance was upheld, with a declaration that the employer breached its duty to take reasonable precautions for the safety of the grievor.
Grievance of one co-grievor dismissed for failure to attend the scheduled hearing.
At a scheduled hearing for a grievance filed by several correctional officers, one of the remaining grievors failed to attend despite receiving due notice.
The arbitrator dismissed the grievance as it related to that individual.
The hearing for the sole remaining grievor was directed to continue at a later date.
Union ordered to provide particulars regarding unpaid break claims prior to hearing on retroactive compensation.
The parties reached a settlement regarding a 2017 grievance concerning registered nurses working during unpaid breaks, except for the issue of retroactive compensation.
The Union also sought to consolidate a 2014 grievance on the same issue.
The Arbitrator ordered the Union to provide particulars regarding the 2017 grievance, including a list of shifts worked during unpaid breaks without compensation, and scheduled a hearing to determine the scope of retroactive compensation and whether the grievances should be consolidated.
Grievance Settlement Board lacks jurisdiction to award monetary damages for mental distress compensable under WSIA.
The union filed grievances alleging the employer failed to provide a harassment-free and safe workplace, seeking monetary damages for mental distress.
The employer brought a preliminary motion arguing the Grievance Settlement Board lacked jurisdiction to award damages for injuries compensable under the Workplace Safety and Insurance Act (WSIA).
The arbitrator held that the Board lacks jurisdiction to award monetary damages for mental distress resulting from workplace harassment, as such claims fall within the exclusive jurisdiction of the WSIA regime.
However, the Board retains jurisdiction to grant declaratory relief and other monetary remedies not compensable under the WSIA.
Motion to strike portions of grievor's declaration partially granted based on res judicata from prior grievance.
The employer brought a motion to strike portions of the grievor's declaration on the basis of res judicata and issue estoppel, arguing the impugned paragraphs related to matters already decided in a prior 2013 grievance.
The union argued the paragraphs provided necessary historical context for the current human rights and accommodation grievances.
The arbitrator partially granted the motion, striking paragraphs that sought to re-litigate the prior grievance while permitting others to remain solely for narrative purposes and historical context, without being admitted for the truth of their contents.
Employer ordered to produce investigation and medical documents subject to strict confidentiality conditions.
In the context of four grievances, the Union sought the production of arguably relevant documents, including occurrence reports, investigation notes, and the medical records of a specific individual.
The Arbitrator ordered the Employer to disclose the requested documents.
The production of the medical records was made subject to strict confidentiality conditions, including prohibitions on photocopying and requirements that the grievors only review the documents in the presence of legal counsel.
Employer permitted to rely on new allegations in discharge grievance subject to procedural conditions.
In a discharge grievance, the employer sought to rely on new allegations that were not part of the original grounds for termination.
The arbitrator issued a bottom-line decision allowing the employer to rely on the new allegations, subject to specific procedural conditions.
The employer's case in chief must be divided into two parts, completing the evidence on the original allegations before calling evidence on the new ones.
The employer was also ordered to provide full particulars of the new allegations prior to commencing that portion of its case.
Grievance dismissed after grievor failed to attend hearing and ignored direction to provide explanation.
The grievor failed to attend her scheduled grievance arbitration hearing on July 27, 2018.
The arbitrator issued a direction requiring her to provide a written explanation for her non-attendance by August 15, 2018, failing which the grievance could be dismissed.
The grievor did not respond to the direction.
Consequently, the arbitrator dismissed the grievance.
Arbitrator orders scheduling of additional hearing dates beyond cancellation fee window.
The union requested the scheduling of four additional hearing dates for multiple grievances filed by a Correctional Officer.
The employer objected, arguing that scheduling dates before the outcome of the currently scheduled February 2019 dates could result in unnecessary cancellation costs if a settlement is reached.
The arbitrator ruled that four additional days would be scheduled beyond 30 calendar days from the last scheduled February date, ensuring no cancellation charges would be incurred if the dates are cancelled by that time.
Grievor directed to explain failure to attend arbitration hearing before grievance is dismissed.
The grievor failed to attend her scheduled grievance arbitration hearing regarding pension credits and pay issues.
The employer requested that the grievance be dismissed.
The arbitrator declined to dismiss the grievance immediately, instead issuing a direction requiring the grievor to provide a written explanation for her non-attendance and failure to provide notice, warning that failure to do so could result in dismissal.
Arbitrator issued procedural directions for document production and scheduling of preliminary motions following an adjournment.
The parties appeared before the Grievance Settlement Board for a scheduled hearing, but the employer's counsel was unable to attend due to illness.
To prevent further delays, the arbitrator issued a preliminary decision directing the employer to advise of any preliminary motions and to produce all arguably relevant documents by specified dates.
The union was also directed to follow up on a request for clinical notes from one of the grievor's medical service providers.
The matter was adjourned to the next scheduled hearing date.
Hearing adjourned due to unexpected illness of employer counsel.
The Employer requested an adjournment of the hearing scheduled for July 6, 2018, due to the unexpected illness of its counsel.
The Employer was unable to find a replacement.
The Arbitrator granted the adjournment, noting the absence of counsel and the lack of other productive activities that could be accomplished on that date.
Grievor's request to attend hearing via teleconference due to medical reasons granted.
The grievor, who had filed grievances alleging harassment and unjust dismissal, requested to attend the hearing via teleconference due to medical reasons, specifically anxiety and an inability to speak in front of people.
The employer opposed the request and brought a motion to disallow it, arguing that the nature of the issues required in-person attendance.
The arbitrator granted the grievor's request, finding that the medical documentation established a sufficient need for accommodation, though noting the decision might need to be revisited as the hearing progressed.
Employer's collection and retention of employee health information for employment purposes does not violate PHIPA.
The union filed a policy grievance challenging the employer's Health Information Program Guide, arguing its definition of health information was too narrow and violated PHIPA and FIPPA.
The union also objected to the employer retaining health information for 50 years and sharing it with local managers.
The arbitrator found that the employer was not providing health care, so the information collected fell under the employment exception in PHIPA.
The arbitrator upheld the employer's right to retain the information and share limited necessary details with managers, subject to clarifying the language around diagnosis disclosure and ensuring knowledgeable consent for retention.
