The union filed a grievance alleging the employer violated the collective agreement by denying reporting pay to afternoon shift employees who were sent home due to severe weather.
The employer had determined that gale-force winds and flying debris created an emergency endangering employee safety, necessitating a shutdown of the shift.
The Ontario Labour Relations Board dismissed the grievance, finding that the collective agreement granted the employer the subjective discretion to determine when an emergency shutdown was necessary to protect life and safety.
The Board concluded the employer's decision was not arbitrary, discriminatory, or in bad faith, and was in fact reasonable under the circumstances.
