AN EMPLOYER CAN ALSO LODGE GRIEVANCES IF THE UNION GOES TOO FAR

Employer grievance claiming reimbursement for arbitration costs following the hearing of 19 grievances lodged by a vindictive employee. At the very start of the first hearing day, the union waived 8 grievances, and proceeded to withdraw 7 other grievances in the course of the hearing. As for the 3 other grievances, they were rejected for lack of evidence. The arbitrator ruled that there had been abuse of process, since the union held all the documentation required to realise the frivolous nature of the grievances. Upon serious examination of a case, the union must desist when it knows it is dealing with a lost cause. Since none of the grievances should have been presented for arbitration, the arbitration costs incurred by the employer must be reimbursed by the union. Sir Mortimer B. Davis Jewish General Hospital v. Syndicat des travailleuses et travailleurs de l’Hôpital général juif Sir Mortimer B. Davis/Jewish General Hospital (CSN), (employer grievance) , DTE 2007T-474 (T.A.) Me Jean-Yves Durand