HomeMy WebLinkAbout2013-1225.Arista.14-05-09 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#2013-1225
UNION#2012-0546-0085
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Arista) Union
- and -
The Crown in Right of Ontario
(Ministry of Finance) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Lesley Gilchrist
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Benjamin Parry
Ministry of Government Services
Legal Services Branch
Counsel
HEARING May 7, 2014
- 2 -
Decision
[1] In a grievance dated February 21, 2012, Mr. P. Arista claims that the Employer
contravened the Collective Agreement when “Extra vacation days carried forward to 2012 due to
the fact that the WIN error was not resolved until Feb. 2012.” The remedy the Union seeks is 3.5
days vacation pay for Mr. Arista. The grievance was referred to arbitration by the Union on July
2, 2013.
[2] There is no dispute that the grievance was not referred to arbitration within the
mandatory time limits set out in the Collective Agreement. The Employer takes the position that
the late referral means that the GSB is without jurisdiction to hear and determine the grievance.
The Union takes the position that the circumstances should compel the Board to hear the merits
of the grievance.
[3] The arbitral jurisprudence is clear that an arbitrator does not have the jurisdiction under
section 48(16) of the Labour Relations Act to extend the time for an untimely referral to
arbitration. The same result can be found in GSB decisions. See, OPSEU (Johnston) and
Ministry of Attorney General (2010), GSB No. 2009-1147 (Dissanayake); OPSEU (Goring) and
Ministry of Community Safety and Correctional Services (2010), GSB No. 2008-1661 et al.
(Briggs); and, OPSEU (Nitsotolis) and Ministry of Government Services (2013), GSB No.
2012-1337 et al. (Nairn).
- 3 -
[4] The case law compels me to conclude that I do not have the jurisdiction to hear and
determine this grievance given the untimely referral to arbitration. Accordingly, the grievance
filed by Mr. Arista dated February 21, 2012, is hereby dismissed.
Dated at Toronto, Ontario this 9th day of May 2014.
Ken Petryshen, Vice-Chair