Grievance guidelines, forms and awards database

Grievance guidelines, forms and awards database

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Grievance Forms

OPSEU Grievance Form and Guidelines

Grievance Awards Database Links

OPS Grievance Awards Database

BPS Grievance Awards Database

Search CAAT (A) Grievance Awards Database

Search CAAT (S) Grievance Awards Database

LBED Grievance Awards Database

Important Information

Choose a category you would like to search – All, OPS, CAAT (A), CAAT(S) or MPAC. Then enter your keyword(s)  into the corresponding form.

Information on how to use the Grievance Awards Database

This database contains the Full Text of arbitration awards and headnotes (where available) in pdf format (portable file format) dating back to 1988. Awards may be retrieved by any word or phrase that appears in the Award or Headnote.

This system can be used to retrieve a specific award by searching on a name, the OPSEU file number or the Grievance Settlement Board (GSB) file number. It can also be used as a research tool to look for cases on a specific issue by searching on any word or phrase within an Award.

As you can see, the Awards have been divided into four sections, the first section allows you to search on the whole database of decisions. The next three (3) sections refer to a specific sector within OPSEU;

  1. OPS
  2. CAAT A
  3. CAAT S

First, go to the section in which you wish to conduct your search. If you are looking for a specific decision and have either the grievor’s name or a file number associated with the case enter that information and select GO.

You may retrieve more than one match; this is because the database is doing a Full Text Search.

For example. If you do a search in CAAT A for a case called “Bailey”, you will retrieve more than one match; the case itself and any other case in which it has been cited.

Prior to beginning a search by issue, think about what information you have to search with and what you are looking for.

Be specific, this will help eliminate retrieving too many matches. On the other hand, if you get too few matches go back and try a more general search.

For example if you are looking for an award that deals with Dismissal, do you know what the alleged reason for the dismissal was? i.e. theft, assault, or insubordination.

By using “Boolean operators” and proximity search features you will be able to refine your search and possibly eliminate large hit lists. (“and”, “or” “near” etc.)

Example:

Dismissal and theft (44 matches in OPS)
or Dismissal and theft and money (27 matches in OPS)

** A list of suggested search words has been provided here to help narrow down your search results **

You can view your search results in 3 different ways:

1) OPSEU Grievance Highlights (Condensed)

Short excerpts immediately before and after each hit within the document are displayed

2) Grievance Hit Highlights (Full)

Shows you the full text of the decision with your search words highlighted in red.

3) Case Name or File Name

Selecting either the case name or the file name will take you to the full decision in pdf format without highlights. The document in this format may be easier to read.

Printing & Saving your results:

You can print the hit lists by using the file button on the tool bar. To print a specific document, first open it and then you can either print by selecting the printer on the Adobe tool bar or again by selecting File and Print.

To save either an award or a hit list simply select File, Save, then save your documents in the location you wish.

Definitions of Some Common Terms

Arbitrability – whether a grievance is a matter which can be heard and decided within the legal jurisdiction of the arbitrator.

Estoppel – where one party is prevented from relying on the strict terms of the contract because (1) they have made a representation to the other party which is essentially a promise of a greater benefit, which (2) that party has relied upon (3) to their detriment. All three elements must be present.

Hearsay evidence – second hand information, facts not in the personal knowledge of the witness testifying to them. Generally not allowed as evidence of the truth of the facts, but there are exceptions.

Judicial review – review by the Divisional Court (in Ontario) of a decision by an arbitrator or administrative tribunal. This is not an appeal, and the Court will only review whether the decision-maker stepped outside their authority by, for example, making a jurisdictional error or a patently unreasonable interpretation of a collective agreement or a denial of procedural fairness.

Jurisdiction – The power of authority to hear and determine an issue. One common preliminary objection is that an arbitrator lacks the jurisdiction over an issue.

Mootness – an arbitrator may decline to hear a case about a matter which has already been resolved or is no longer a live issue, and therefore raises a merely hypothetical or abstract question.

Prima facie – on the face of it. A prima facie case is an argument with sufficient supporting evidence of the essential facts that it may be considered proven unless the opposing party can introduce evidence to the contrary.

Res judicata – an issue already decided. If the same issue has been decided previously between the same parties it may not be heard again. Sometimes called Issue Estoppel.

Seized – Continues to be responsible. A given arbitrator will often be seized with implementation of a settlement.

Sine die – an adjournment without another date set.

Key words for searching

Abandonment
Absenteeism
Adjournment
Admissibility
Admissions
Ancillary Documents
Anti-Union animus
Appearance
Apprentice
Arbitrator

  • appointment
  • jurisdiction
  • powers
  • remain seized

Arbitrability

  • delay
  • form of grievance
  • jurisdiction
  • mootness
  • standing
  • settlement
  • time limits
  • waiver
  • withdrawal

Arbitrary/trariness
Award

  • clarification
  • enforcement

Bad Faith
Bargaining Unit
Benefits
Bereavement Leave
Bias
Breaks
Bumping

  • administrative unit
  • layoff
  • qualified
  • seniority

Burden Of Proof
Business Records

Call-In Pay

  • casual employee

Change of grounds

  • adjournment
  • prior records

Charter or rights and freedoms
Classification

  • Berry order
  • interest
  • retroactivity

Collective agreement

  • amendment
  • construction
  • extrinsic evidence
  • intention
  • interpretation
  • mistake
  • negotiating history
  • term

Compliance Order
Compulsory Overtime
Compulsory Retirement
Condonation

  • discrimination
  • prior misconduct

Confession
Confidentiality
Conflict Of Interest
Constructive Dismissal
Consultation
Continuing Grievance
Contracting out
Costs

  • damages
  • legal

Courts

  • decisions
  • enforcement
  • judicial review
  • jurisdiction
  • res judicata

Credibility
Criminal misconduct

  • acquittal
  • conviction

Culminating Incident
Damages

  • declaration
  • interest
  • pain and suffering
  • punitive
  • remedies
  • remoteness

Decisions

  • evidence
  • precedent
  • res judicata

Declaration
Deemed Quit
Delay
Demotion

  • cause
  • health
  • incompetence

Department
Deterrence
Disability
Discipline/Discharge/Dismissal

  • absence
  • alcoholism
  • apology
  • assault
  • compassion
  • conditions
  • condonation
  • confession
  • confidentiality
  • criminal charges
  • culminating incident
  • demotion
  • economic hardship
  • evidence
  • fraud
  • incarceration
  • insubordination
  • lateness
  • mitigation
  • notice
  • obey now grieve later
  • onus
  • patient abuse
  • penalty
  • performance
  • personal problems
  • probationary employee
  • progressive
  • procedure
  • provocation
  • reasonableness
  • reasonable excuse
  • refusal
  • rule
  • sabotage
  • sexual harassment
  • sexual relations
  • sleeping
  • specific penalty
  • surveillance
  • theft
  • threats
  • transfer
  • warning

Disclosure
Discrimination

  • harassment
  • prohibited grounds
  • union activity

Documents
Dues
Drug Testing
Employment Equity
Essential Services
Estoppel

  • res judicata

Evidence

  • admissibility
  • admission against interest
  • affidavit
  • agreed facts
  • best evidence rule
  • breathalyser
  • burden
  • business records
  • character evidence
  • circumstantial
  • confession
  • credibility
  • criminal conviction
  • expert witness
  • hearsay
  • medical
  • notes
  • opinion evidence
  • polygraph
  • privilege
  • relevance
  • reply evidence
  • similar fact
  • subpoena
  • taking a view
  • videotape
  • wiretap

Exclusion Of Witnesses
Experts
Fairness
Good Faith
Grievance Procedure
Grievance Form
Health And Safety
Holiday
Human Rights Code
Illness
Incarceration
Inclusion
Incompetence
Injunction
Innocent Absenteeism
Insubordination
Insurance

  • long term income protection
  • short term sickness plan

Interest
Interim Relief
Interpretation

  • ambiguity
  • ancillary documents
  • anomalies
  • definition
  • dictionary
  • extrinsic evidence
  • headings
  • intention
  • negotiating history
  • past practice
  • preamble

Interpreter
Issue Estoppel
Job description

  • interview
  • procedure
  • qualification
  • references
  • relatively equal
  • seniority
  • testing

Job Specification
Job posting

  • cancellation
  • criteria
  • procedure
  • redeployment
  • vacancy

Judicial Review
Jurisdiction
Jury Duty
Laches
Lateness
Lay-off

  • administrative unit
  • bumping
  • notice
  • reasonable efforts
  • redeployment
  • relocation
  • seniority
  • severance
  • surplus
  • termination pay

Lead Hand
Leave of absence

  • compassionate
  • medical
  • unauthorized
  • union business

Legal Costs
Lockout
Lunch Break
Management rights

  • arbitrariness
  • bad faith
  • delegation
  • discretion
  • discrimination
  • fairness
  • reasonableness
  • rules

Maternity Leave
Medical Certificate
Medical Examination
Medical Records
Mediation
Meal Breaks
Merit Increase
Mitigation
Mootness
Natural Justice
Non-Disciplinary
Non Suit
Notice
Off Duty Conduct
On Call
Onus
Opinion Evidence
Oral Warning
Overpayment

Overtime

  • authorization
  • compulsory
  • pyramiding
  • scheduling
  • seniority

Parole Evidence
Particulars
Parties
Past Practice
Pension
Performance appraisal
Performance Review
Picket Line
Policy Grievance
Posting
Pregnancy
Preliminary Objection
Prematurity
Premiums
Prima Facie Case
Privacy

  • drug testing
  • personal appearance
  • search
  • surveillance

Privilege
Probation
Probationary Employee
Procedure

  • adjournment
  • delay
  • exclusion of witness
  • mediation
  • non suit
  • notice
  • order
  • particulars
  • pre-hearing
  • production of documents
  • taking a view

Production of documents
Progressive Discipline
Promotion
Public Documents
Pyramiding Of Benefits
Quit
Ratification
Reasonableness
Recall
Rectification
Reduction Of Hours
Rehabilitation
Reinstatement
Relevance
Religious Belief
Remedies
Reporting Pay
Res Judicata
Resignation
Rest Periods
Resignation
Retirement
Retroactivity
Rules
Sabotage
Safety
Salary Grid
Schedules
Seniority
Settlement
Severance
Sexual Harassment
Sexual Orientation
Shift Premium
Shift Schedules
Sick Leave
Smoking
Standard Of Proof
Standby Pay
Standing
Statutory holiday
Strike
Subpoena
Surveillance
Suspension
Temporary assignment
Termination
Tests
Theft
Time limits
Training
Transfer
Travel

  • allowance
  • pay
  • time

Undue hardship
Uniform
Union representative
Vacancy
Vacation
Voluntary exit option
Wages
Waiver
Warning
Withdrawal
Witness
Workers’ compensation
Working hours
Workload

The PDF Search will return a list of links to individual PDF documents. Click on a title to preview the document in your browser. If your browser does not support PDFs, you will be prompted to save the file to your local computer. The Adobe Acrobat Reader (for PDFs) is available for free download.

Contract Enforcement Unit Fax number

416-443-8618