An arbitration board has stayed the hearings of two grievances filed by the Canadian Union of Public Employees (CUPE), Local 21, against the City of Regina. The grievances, which allege workplace harassment and discriminatory actions, have been paused until the Saskatchewan Workers’ Compensation Board (WCB) rules on whether claims made under the grievances are barred by the Workers’ Compensation Act (WCA).
The grievances, filed on behalf of two union members, D.B. and L.O., raise issues related to harassment and workplace transfers. Both employees sought remedies including compensation for pain and suffering, punitive damages, and changes to the workplace culture. However, the City of Regina applied to the WCB under section 169 of the WCA, asking for a determination of whether the claims fall under the exclusive jurisdiction of the WCB.
Key grievances
The first grievance, filed by CUPE on behalf of D.B. in May 2022, alleges that the City failed to provide a respectful, harassment-free workplace, as required by the collective agreement and the Saskatchewan Employment Act. D.B. claims to have experienced significant psychological harm due to workplace conditions and is seeking remedies that include monetary compensation, punitive damages, and a written apology.
The second grievance, filed by CUPE on behalf of L.O. in June 2023, alleges that L.O. was transferred to a different branch of the City as retaliation for raising an occupational health and safety concern. The union argues that this transfer constitutes discriminatory action under the Saskatchewan Employment Act and is seeking L.O.’s reinstatement to their former position along with compensation for lost wages and benefits.
Both grievances were amended by the union to include additional demands for compensation and punitive damages. For instance, in D.B.’s case, the union later sought $50,000 in punitive damages for the City’s alleged negligence in addressing known workplace issues.
City’s applications for stays
The City filed section 169 applications with the WCB, seeking rulings on whether the grievances are barred by the WCA. In both cases, the City argued that the claims made in the grievances, which include demands for compensation related to workplace injuries, are within the exclusive jurisdiction of the WCB, not an arbitration board.
The WCB has yet to rule on either application, and the City requested that the arbitration proceedings be stayed until these decisions are made. The City cited a number of previous rulings, including a 2022 decision involving the same parties, where the WCB found that claims seeking compensation for workplace injuries are barred under the WCA.
Union’s opposition and arguments for bifurcation
The union opposed the City’s request for a stay, arguing that the arbitration board should proceed with hearing the liability portion of the grievances, allowing the grievors to testify and share their experiences, while reserving the question of compensation for later. CUPE maintained that the grievors’ testimony was a critical part of their healing process, as D.B. and L.O. had experienced significant trauma due to workplace harassment and discriminatory actions.
CUPE also raised concerns about delays in the WCB process, citing a history of lengthy proceedings in similar cases. The union pointed out that D.B. did not begin receiving workers’ compensation benefits until January 2024, nearly two years after the alleged harassment occurred.
Additionally, the union argued that recent legal developments, including amendments to the Saskatchewan Employment Act and the adoption of the International Labour Organization’s Convention 190, which addresses workplace violence and harassment, should be considered by the board in its decision-making process.
Board’s decision to stay proceedings
The arbitration board, chaired by Anne M. Wallace, KC, concluded that the WCB has exclusive jurisdiction to determine whether the grievances are barred by the WCA. The board found that proceeding with the grievances before the WCB’s ruling could result in conflicting decisions and unnecessary costs for the parties involved.
In its ruling, the board acknowledged the union’s concerns about delays and the impact on the grievors, but emphasized that the legislative framework gives the WCB the authority to determine whether the claims are barred. The board noted that it would be inappropriate to proceed with the grievances until the WCB has issued its decisions.
The board directed both parties to notify it immediately once the WCB rulings are received, at which point the arbitration hearings may resume if the grievances are not found to be barred.
The ruling wasn’t unanimous. Union nominee Andrew Huculak dissented. His reasons aren’t covered here – but you can view them in the original ruling below.
For more information, see Regina Civic Members’ Union, Canadian Union of Public Employees, Local 21 v Regina (City), 2024 CanLII 100201 (SK LA)
