What is the conflict and unfairness in the grievance process?

This procedural conflict and unfairness was not discussed in OPSEU v. The Crown in Right of Ontario (Management Board Secretariat) (Benefits Grievance), [2004] O.G.S.B.A. No. 92. This was a grievance that involved the same Protocol and strike. It is possible that changes in the grievance procedure were made to provide a fair and conflict free grievance process but this is not apparent from the brief decision. The union was directed to cease and desist from engaging in any reprisal, act of discrimination or retaliation in the workplace in the 2002 strike. The actions that were the subject matter of the grievance are very similar to the actions that the plaintiff complains about in this action. They are listed by the arbitrator: 1. Sending employees letters of a threatening or intimidating nature. 2. Threatening to and taking employees to small claims court for unpaid fines related to the strike. 3. Posting in the workplace the names of employees who worked during the strike. 4. Issuing e-mails of a derogatory nature. 5. Distributing notices of union meetings regarding strikebreakers by use of the employer's e-mail. The union was directed by the arbitrator to bring the arbitration order to the attention of its members who may have engaged in the above activities.