Arbitrator Finds No Obligation To Reimburse Expenses In Transition To Remote Work

Introduction

In Toronto District School Board v. CUPE Local 4400, the CUPE Local 4400 (the Union) brought forward grievances arising from the transition of the Toronto District School Board (the Board) employees to remote work due to the COVID-19 pandemic. In a decision released on April 9, 2021, Arbitrator Eli Gedalof dismissed the grievances and concluded that the Board reasonably exercised its management rights during the transition to remote work. 

Background

On March 12, 2020, the Government of Ontario began to close all public schools in the province, with closures and remote learning eventually extending to the end of the school year. During the 2020-2021 school year, the Government of Ontario mandated schools to open and close multiple times. Due to the school closures, many Board employees were obligated to work from home.