In her award of February 10, 2020, Arbitrator Knopf decided the following, as summarized by MW counsel Brittany Ross-Fichtner:
a) Each situation will turn on its specific facts
b) 24 hours’ notice is presumptively too short
c) 48 hours’ notice is presumptively sufficient
d) The Union should provide reasons for less than 24 hours’ notice
e) The Employer should provide reasons for denying or delaying access
Anything related to the effective fulfillment of the Union’s responsibility to supervise the Collective Agreement, service its bargaining unit and meet its obligations under the Ontario Labour Relations Act and employment related statutes.
The Employer is entitled to be assured that the purpose of the Union Representative’s visit is for “Union business” relating to its responsibilities under the Collective Agreement and/or to service the bargaining unit pursuant to its responsibilities under the Labour Relations Act and related statutes. The Employer is not entitled to any other specific information.