HomeMy WebLinkAboutP-2015-1406.Allen.15-09-09 DecisionPublic Service
Grievance Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission des
griefs de la fonction
publique
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
PSGB#P-2015-1406, P-2015-1407
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT OF ONTARIO
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Jim Allen Complainant
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Marilyn A. Nairn Vice-Chair
FOR THE COMPLAINANT
Jim Allen
FOR THE EMPLOYER Susan Munn
Treasury Board Secretariat
Legal Services Branch
Counsel
WRITTEN SUBMISSIONS August 7, August 27, 2015
Decision
[1] This interim decision deals with the issue of the location of the mediation scheduled for
April 11, 2016. The complainant requested that the matter be scheduled in London. The
employer asked that it be heard in Toronto at the Board’s offices.
[2] By e-mail dated August 5, 2015 a Board clerk advised the parties, “these matters are
scheduled for April 11, 2016 in London and the Notice of Proceeding will follow shortly”. That e-
mail was sent without regard to the Board’s Rules and Practices and pursuant to a request by
the complainant. The employer immediately responded requesting that the matter be heard in
Toronto in accordance with Board practice. The matter was then placed before the Board for
determination.
[3] The complainant was given an opportunity to respond to the employer’s position. In his
response the complainant took the position that the Board had fulfilled its responsibility to select
a time and place for the mediation in accordance with section 5(1) of the Rules and Practices of
the Board. In response to the employer’s reliance on Practice Note #3, the complainant
asserted that it is unfair and inequitable for the employer to insist that the mediation be held in
Toronto when employer representatives are reimbursed travel expenses and time and he is not
reimbursed for those same expenses for attending.
[4] The PSGB’s Practice Note #3 provides:
Location of Mediation/Hearing
In order to reduce its own travel expenses and hearing costs, the Public Service
Grievance Board as a general rule will schedule mediations/hearings at its offices at
180 Dundas Street West, Toronto, Ontario, unless scheduling at this location results
in unreasonable expense and inconvenience for either party.
[5] The complainant is situated in the London area. There is no indication of any
circumstance to suggest that attendance in Toronto for a day of mediation engenders either
unreasonable expense or inconvenience to the complainant. The fact that the employer may
reimburse its representatives for their attendance is irrelevant. The matter is being brought by
the complainant. He cannot expect the employer to fund a complaint brought against it. That
employer representatives attend to address the complaint is a function of their work
responsibilities and the employer no doubt has policies in place to deal with expenses incurred
and time spent performing that work.
[6] There is no basis for departing from the Board’s Practice Note. This matter will be
scheduled to proceed at the Board’s offices in Toronto and is hereby referred to the Registrar
for the purpose of issuing a Notice of Proceeding in accordance with this direction.
Dated at Toronto, Ontario this 9th day of September 2015
Marilyn A. Nairn, Vice-Chair