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Home My WebLink About2002-1354.Charles et al.13-04-29 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2002-1354 UNION#2002-0517-0001 Additional Files listed in Appendix “A” IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Charles et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Bram Herlich Vice-Chair FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors FOR THE EMPLOYER Suneel Bahal Ministry of Government Services Labour Practice Group Counsel HEARING April 23, 2013. - 2 - Decision [1] A complicated and protracted litigation process has evolved with respect to these grievances, which deal with similar issues at numerous correctional facilities across the province. While the issues are similar, the results at individual facilities may differ depending upon the particular configuration and timing of local and provincial agreements as they affect those individual facilities. More background detail can be found in a decision issued in these matters on August 29, 2011. [2] At the most recent hearing day (and there are many more scheduled) the parties asked me to rule on a particular issue. They made their arguments on the basis of certain agreed facts and also agreed that the process set out in Article 22.16 of the collective agreement should apply to this portion of the proceedings. [3] In the interests of expedition in these otherwise protracted proceedings, the parties asked that I issue an extremely abbreviated decision without detailed reasons. They also agreed that it was unnecessary for me to outline the facts in any detail or, indeed, to even reproduce the agreed (and augmented) facts put before me. [4] As Appendix “A” to this award demonstrates, a large number of grievances has been referred to me. These include individual, group and union grievances, referred to this Board between approximately 2002 and 2007. With one exception, however, it appears that each of these grievances pertains to only one specific correctional facility (the specific institution may vary from grievance to grievance). [5] The exception is a union grievance which has province wide application. It is this grievance (the “999” grievance, as the parties referred to it) which is the subject of the employer motion now before me. [6] The 999 grievance, it is common ground, was filed in January 2006 and referred to this Board in April 2006, approximately one month beyond the time stipulated under the collective agreement. Some seven years later, in February 2013, the employer advised the union that it - 3 - would seek to have this Board dismiss the 999 grievance on the basis of its untimely referral to this Board. [7] In the hearing before me, the union did not seek an extension of the collective agreement time limit for the referral of the grievance to arbitration. Rather, it simply asserted that, on the facts before me, the inescapable conclusion is that the employer has long waived any right to object to the tardy referral. [8] Having considered the submissions of the parties and the case law referred to, I am satisfied that the union’s assessment is correct and the employer must be taken to have waived any reliance on any time limit for the referral of the grievance to arbitration. When I consider the impressive amount of time that has elapsed together with the assortment of significant litigation events which have occurred between the date of the referral and the raising of the instant objection by the employer, I am unable to arrive at any other conclusion. [9] The employer’s objection is hereby dismissed. Hearing in these matters will continue as already scheduled. Dated at Toronto this 29th day of April 2013. Bram Herlich, Vice-Chair - 4 - Appendix “A” Grievor GSB# Union File# Lauria, Vincent 2002-2476 2002-0517-0073 Almeida, Edward 2002-2889 2002-0248-0083 MacDonald, Leigh-Ann 2003-2829 2003-0234-0516 Gallagher, Terry 2003-4063 2003-0368-0034 Union 2004-2499 2004-0234-0486 Gallagher, Terry 2004-3640 2005-0368-0008 Union 2006-0144 2006-0999-0003 Allin, Robert 2006-0191 2006-0368-0022 Allin, Robert 2006-0580 2006-0368-0050 Allin, Robert 2006-0956 2006-0368-0058 Quade, Norman 2006-1070 2006-0368-0062 Union 2006-1236 2006-0234-0197 Wells, Jonathan 2006-2356 2006-0368-0200 Sousa, Carol 2007-0697 2006-0252-0094 Sousa, Carol 2007-0698 2006-0252-0095 Winkworth, Erica 2007-1639 2007-0234-0268 McGregor, Tammy 2007-2322 2007-0369-0083 McCutcheon, Victor Scott 2007-2615 2007-0369-0112