HomeMy WebLinkAbout2013-0566.Hurov.13-10-30 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#2013-0566, 2013-0567, 2013-0771, 2013-0772, 2013-0773, 2013-0774
UNION#2013-0468-0012, 2013-0468-0015, 2013-0468-0010, 2013-0468-0011, 2013-0468-0013,
2013-0468-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hurov) Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Jennifer Richards
Ministry of Government Services
Legal Services Branch
Counsel
CONFERENCE CALL October 24, 2013
- 2 -
Decision
[1] This case is about surplusing. A mediation in this matter was held on September 13,
2013. At this time, the parties were unable to reach a settlement. Subsequent to the mediation,
continuation dates were set on April 29, 2014; May 2 &14, 2014; and June 23 & 25, 2014.
[2] The grievor is no longer employed in the Ontario Public Service (“OPS”) and has moved
out of the province. As such the union on his behalf sought to adjourn all of the continuation
dates which had been set, except for June 23, 2014, indicating that it would be difficult for the
grievor to obtain time off work from his new job and to come back to Toronto.
[3] During the conference call scheduled to deal with the adjournment request, the employer
did not object to the granting of an adjournment provided that any ongoing liability which it
might incur as a result of the delaying of the hearing of this matter, was limited. The union
opposed this request.
[4] I agree that it is appropriate in this situation to limit the employer’s liability. Therefore,
any entitlement to wages or other compensation which might ultimately accrue to the grievor as
a result of the litigation of this grievance shall not be borne by the employer. We have agreed to
use June 23, 2014 for mediation. Should we be unable to resolve this matter, the employer will
not bear any responsibility for any compensation to which the grievor might ultimately be found
to be entitled to for the period of time between June 25, 2014 and the first continuation date we
may set in this case.
[5] This matter will continue on June 23, 2014. In the event that the parties have any
difficulty implementing this decision, I shall remain seized.
Dated in Toronto, Ontario this 30th day of October 2013.
Janice Johnston, Vice-Chair