HomeMy WebLinkAbout2014-2613.Langford.15-04-16 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#2014-2613, 2014-2614, 2014-2615, 2014-2616, 2014-2617, 2014-2637, 2014-2638
UNION#2014-0108-0046, 2014-0108-0047, 2014-0108-0048, 2014-0108-0049, 2014-0108-0050,
2014-0108-0053, 2014-0108-0054
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Langford et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Jennifer Richards
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL April 15, 2015
- 2 -
Decision
[1] The employer has requested an adjournment of the hearing scheduled for April 21, 2015. The
reason for the request is that employer counsel is taking up a new position immediately and is forced to
transfer this file to new counsel. The union opposes the adjournment due to concerns about the
possible delay that could be caused by the change of counsel and cancellation of April 21.
[2] After receiving submissions from both counsel by way of conference call today, I have concluded
that it is necessary to adjourn the hearing scheduled for April 21. While there is a possibility that an
adjournment may delay the final resolution of this case, I must weigh that concern against the concern
of fair procedure. It is my view that it would not be appropriate to ask the employer to proceed to call
evidence on the April 21 with one counsel, and then to continue the evidence with a different counsel at
a later time. This could have the effect of placing the new employer counsel at a disadvantage with
respect to any evidence called on April 21.
[3] I am advised by Ms. Richards that the employer has given priority to the reassignment of this matter
and that the employer is making its best efforts to preserve all subsequent hearing dates. I have also
instructed Ms. Richards to advise me and Mr. Holmes as soon as the replacement counsel has been
assigned. At that point I will be in contact with the parties to discuss finding an early replacement date
for April 21.
[4] The hearings will resume no later than July 10, 2015.
Dated at Toronto, Ontario this 16th day of April 2015.
Barry Stephens, Vice-Chair