HomeMy WebLinkAbout1990-2054.Mirosolin.91-04-19 DecisionONTARIO
CROWN EMPLOYEES
G R I EVAN C E
SETTLEMENT
BOARD
EMPLOYES DE LA COURONNE
DEL'ONTARIO
COMMISSION DE
REGLEMENT
DES GRIEFS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIo. M5G 1z8
180, RUE DUNDAS OUEST. BUREAU 2100, TORONTO (ONTARIO). M5G 1z8
326- 1388
326- 1396
2054/90
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Mirosolin)
Grievor
and -
The Crown in Right of Ontario
(Ministry of the Attorney General)
Employer
BEFORE :
FOR THE
GRIEVOR
FOR THE
EMPLOYER
HEARING
B. Kirkwood
S. Urbain
D. Halpert
Vice-Chairperson
Member
Member
R. Anand
Counsel
Scott & Aylen
Barrister & Solicitors
G. Gledhill
Staff Relations Officer
Human Resources
Ministry of the Attorney General
March 20, 1991
Page 2
INTERIM DECISION
The grievor alleged that she had received differential
treatment as compared to other court clerks at the
Provincial Court Office at 80 The East Mall, Etobicoke and
that she had been discriminated against by reason of her
race. She relied upon the new Article A of the collective
agreement between the parties.
At the Ministry's request, the grievor provided the
Ministry with a list of particulars of her allegations,
which spanned a number of years. It was the Union's
position that it was not restricted to the events previously
outlined.
A few days prior to this hearing, the Union summoned
various documents. The Ministry has produced certain
documents, but is still in the process of searching for
remaining documents.
The Ministry's counsel advised this Board that it will
be making an objection at the continuation of this hearing
that only incidents which occurred between June 15, 1990,
the date of the proclamation of Article A, and August 3,
1990, the date of the filing of the grievance are relevant.
Page 3
The Union's counsel sought an opportunity to respond to
the Ministry's position.
Due
to the complexity of the case, and the parties
willingness
to conduct the case in an efficient manner, the
Board granted the adjournment requested by the parties upon
the terms agreed to by the parties.
Therefore the Board hereby adjourns the hearing to four
days to be set by the Registrar for the presentation of the
evidence, the second and third dates of the hearing to be
set at least one month after the date set for the first day
of hearing.
In addition,
as agreed between the parties:
1. The Union will provide the Ministry with a complete
statement of particulars upon which it is relying.
2. The Ministry will provide a complete response to
the statements made by the grievor and the new statement of
particulars.
3. The Ministry will provide the Union with any
remaining documents that
are available to it.
Page 4
4. The parties will forward the statements of
particulars and the responses, and any related
correspondence to the panel established
to hear this matter
in advance of the hearing.
5. This panel will not remain seized of the issues
between the parties, in order that the Registrar may have
as
much flexibility as possible in setting the future dates of
the hearing.
Dated at Toronto, this 19th day of April 1991.
B. A. Kirkwood, Vice-Chairperson
Stan Urbain
S. Urbain, Union Member
D. Halpert D. Halpert, Emp oyer Nominee