HomeMy WebLinkAbout2013-3204.Speck.Decision 14-04-11Crown 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#2013-3204
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Association of Management, Administrative and
Professional Crown Employees of Ontario
(Speck) Association
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE Christopher Albertyn Vice-Chair
FOR THE
ASSOCIATION
Marisa Pollock
Sack Goldblatt Mitchell LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Lisa Compagnone
Ministry of Government Services
Legal Services Branch
Senior Counsel
FOR THE
ASSOCIATION OF
LAW OFFICERS OF
THE CROWN (ALOC)
Mark Wright
Sack Goldblatt Mitchell LLP
Barristers and Solicitors
Counsel
HEARING March 24, 2014
2
Decision
[1] AMAPCEO has brought grievances challenging, amongst other things, the grievor’s
termination as a public service employee of the MOH (Ministry of Health and Long-Term
Care).
[2] The grievor is also a member of ALOC (the Association of Law Officers of the
Crown) as a result of his being recently seconded by the MOH to FSCO (the Financial
Services Commission of Ontario). As a consequence of the grievor’s termination by the
MOH, his articles and employment were also terminated by FSCO. ALOC has separately
filed a grievance challenging the grievor’s termination as an articling student of FSCO.
[3] Subject to paragraph 5 below and to any jurisdictional arguments the parties may
have on the grievances, by consent of the parties, I am seized and have jurisdiction as the
vice-chair of the grievances filed by AMAPCEO, and as the arbitrator of the grievance filed
by ALOC. It makes sense that the two matters are heard together to avoid unnecessary
duplication. This would be done entirely without prejudice and without precedent to any
future case in which these parties have an interest.
[4] I have heard the parties’ preliminary submissions on the order and manner of
proceeding. As a result thereof, I give the following preliminary directions.
[5] Counsel for the employer will take instructions as to whether it will agree to have
the grievances heard together, as described in paragraph 3, and advise counsel for
AMAPCEO and ALOC.
3
[6] Subject to paragraph 5, I will provide an evening date (in May or June) to the
parties to hear a preliminary motion by ALOC. The motion is: assuming, for the purposes
of the argument, that MOH had just cause to terminate the grievor’s employment, is that
sufficient by itself to satisfy both the just cause provisions of the ALOC collective
agreement and the requirements for articles of the Law Society of Upper Canada?
[7] At times to be agreed between employer counsel and ALOC counsel, they will
exchange statements of claim and response, with a joint book of documents. They will also
provide me their submissions electronically in advance of the evening hearing.
[8] AMAPCEO will provide to MOH the particulars it sought.
[9] The parties will make arrangements between them for the exchange of documents
and such further particulars as they may need, and for the preparation, if possible, of a joint
bundle of documents, ideally electronically as well.
[10] I will liaise with the parties to arrange 10 additional days of hearing after the
hearing date scheduled for September 15, 2014.
[11] Without prejudice to onus, the employer will present its case first.
Dated at Toronto, Ontario this 11th day of April 2014.
Christopher Albertyn, Vice-Chair