HomeMy WebLinkAbout1994-0232.Sidhu.13-12-02 DecisionCrown Employees
Grievance Settlement
Board
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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#1994-0232
UNION#94D367
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sidhu) Union
- and -
The Crown in Right of Ontario
(Ministry of Agriculture and Food) Employer
BEFORE Bram Herlich Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Omar Shahab
Ministry of Government Services
Legal Services Branch
Counsel
HEARING November 15, 2012;
Teleconference November 29, 2013
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Decision
[1] This case was resolved over ten years ago. This is yet another in an impressive series of
instances in which the grievor alleges that the employer has failed to live up to the
obligations of the settlement (as amended). Some of the history and parameters of this matter
are set out in a decision dated February 23, 2011.
[2] That case involved allegations of breach similar to the ones now alleged. For reasons set out
in the previous decision, I found that there had been a breach but limited the remedy to a
declaration.
[3] In the present case, the grievor alleges fresh violations of a type similar to those which were
the subject of the prior decision. The more recent violations are said to have occurred in July
and August 2010 and in November 2012.
[4] The matter came before me in November of last year, at which time the union indicated that
the relief it was seeking was limited to a declaration. The parties were unable to conclude the
matter on that day and it was scheduled for continuation. That continuation date had to be
rescheduled as a result of health related issues and the matter was ultimately scheduled to
continue on December 2, 2013.
[5] At the request of the employer, counsel appeared before me, by way of teleconference, on
November 29, 2013. Employer counsel indicated that the employer was prepared to concede
that there have, as alleged by the grievor, been breaches of the employer’s obligations under
the terms of the settlement between the parties. And the employer also indicated that it did
not object to this Board issuing the declaratory relief sought by the union.
[6] Having regard to the positions of the parties, I hereby declare that the employer has breached
the terms of the settlement between the parties. No other relief will flow. The hearing
scheduled for December 3, 2013 is cancelled.
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Dated at the Toronto, Ontario this 2nd day of December 2013.
Bram Herlich, Vice-Chair