HomeMy WebLinkAbout2010-0575.Pagnutti.15-07-15 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#2010-0575, 2010-0576, 2010-0577, 2010-0579, 2010-0580, 2010-0581, 2010-2307,
2010-2308
UNION#2010-0234-0112, 2010-0234-0113, 2010-0234-0114, 2010-0234-0116,
2010-0234-0117, 2010-0234-0118, 2010-0234-0270, 2010-0234-0271
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pagnutti) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Nimal Dissanayake Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Stewart McMahon
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 13, 2015
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Decision
[1] At the commencement of the hearing, the Board made certain oral rulings on
issues raised by the employer. At the request of the parties, those rulings are
set out herein.
[2] The Board is seized with a number of individual grievances filed by Ms. Mandy
Pagnutti, Mr. Robert Plouffe, Ms. Charlotte Cooper, Mr. Frank Petranovic, Ms.
Lisa McIntosh and Mr. Marc Strickland. All of the grievors were at all relevant
times employed as correctional officers at the Maplehurst Correctional Complex.
In essence, they claim that the conduct of the employer exposed them to a
poisoned work environment and damaged their reputation.
[3] The union advised the Board that it was withdrawing the grievance filed by Ms.
Charlotte Cooper, File 2010-0579.
Non-Attendee Grievors
[4] Of the remaining grievors, Ms. Pagnutti and Mr. Plouffe were in attendance
when the Board convened on July 13 2015, but the other grievors were not.
Union counsel did not dispute that all of the grievors had received proper notice
of the hearing. He had expected all of them to be in attendance, and did not
offer any explanation for their absence.
[5] The employer moved that the Board issue an order with respect to the three
non-attendee grievors as follows. That they be given a reasonable period of time
to advise whether they withdraw their grievances or intend to pursue them. If
any grievor fails to respond within the stipulated time, the Board would issue an
order dismissing his/her grievances. If any non-attendee grievor advises that
he/she intends to pursue his/her grievances, the Board should direct that
reasons/explanations be provided for the failure to attend the hearing on July 13,
2015. The employer should be permitted to make submissions, if it so wishes,
on the adequacy and reasonableness of those reasons/explanations provided.
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[6] The union counsel took no issue with the employer’s position, except that he
submitted that it was not appropriate to include in any order, a reservation of a
right for the employer to make submissions as to the adequacy and
reasonableness of reasons/explanations provided in a timely manner.
[7] Having regard to the respective positions of the parties, and with the goal of
making efficient use of the scheduled hearing dates, the Board orders as
follows. The absentee grievors or the union on their behalf, shall advise the
Board in writing no later than Monday, July 27, 2015, with copy to employer
counsel, whether or not they wish to pursue their grievances. If no response is
received by July 27, 2015, the Board will issue an order dismissing the
grievances of the grievor(s) who fail to respond.
[8] If any of the non-attendee grievors advise in a timely manner that he/she wishes
to pursue his/her grievance(s) he/she shall include reasons/explanations for the
non-attendance at the hearing on July 13, 2015. At the time such
reasons/explanations are provided, the union shall advise the Board (again with
copy to employer counsel) whether in light of those reasons/explanations, it
wishes to take the position that the grievances in question ought not be
summarily dismissed. Within three days of the date of receipt of advice by the
union to that effect, the employer shall advise the Board whether it agrees, or
whether it takes the contrary positon that the grievances in question should be
dismissed, notwithstanding the reasons/explanations provided. In the latter
event, the Board will receive submissions by way of a teleconference in advance
of the next scheduled hearing date of September 9, 2015, and rule upon the
matter.
[9] Additional Particulars
The union has provided the employer with particulars dated October 3, 2014,
and June 15, 2015. On July 9, 2015 employer counsel wrote to union counsel
identifying a number of areas, which in his view, were deficiencies in the
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particulars thus far provided. Employer counsel requested that the Board order
that the union remedy those deficiencies by providing additional particulars.
[10] Having regard to the positions of the respective parties the Board directs that the
union gather and provide to the employer, the additional particulars as
requested in the employer counsel’s communication dated July 9, 2015, and that
this be done no later than Monday July 27, 2015, unless mutually agreed to
otherwise.
[11] Subject to the foregoing, the Board remains seized. This proceeding shall
continue on the dates scheduled.
Dated at Toronto, Ontario this 15th day of July 2015.
Nimal Dissanayake, Vice-Chair