HomeMy WebLinkAbout2013-0936.Ellis.15-09-30 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#2013-0936, 2013-0937, 2013-0938
UNION#2013-0228-0052, 2013-0228-0053, 2013-0228-0054
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ellis) Union
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The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Mary Lou Tims Vice-Chair
FOR THE UNION Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Roslyn Baichoo
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 25, 2015
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Decision
[1] An Interim Decision dated June 2, 2015 was issued by the Board in these matters.
[2] The hearing was convened on September 25, 2015. An issue was raised at that
time that the grievor may not have received the June 2, 2015 Interim Decision in a
timely manner.
[3] After hearing the submissions of Counsel, I orally issued a further Interim Order, in
the presence of the grievor.
[4] The grievor was afforded the opportunity to ask questions during the hearing with
respect to this Order, and to consult with the Union’s representative. He confirmed that
he fully understood the Order. In particular, he confirmed that he understood that the
Employer takes the position that there were no grounds upon which the June 1, 2015
hearing should have been adjourned, and that the grievor’s failure to attend the hearing
that day, viewed in the overall context of the grievances, should lead me to dismiss the
grievances. The grievor confirmed as well that he is aware of the timeframe during
which he must produce documentary evidence to the Union. He acknowledged that he
has been consulted in this regard, and he agreed that the timeframe contemplated in
the Order is appropriate and fair.
[5] My Order, communicated orally to the parties during the hearing, is as follows:
i. The grievor is to produce to the Union no later than October 13, 2015, any
documentary evidence upon which he relies in support of the Union’s request to
adjourn the June 1, 2015 hearing.
ii. The Union will produce forthwith to Employer Counsel any such evidence
which it receives from the grievor.
iii. If the Employer agrees that the adjournment of the June 1, 2015 hearing was
warranted upon review of any evidence provided to it in accordance with
paragraph (ii), Employer Counsel will so advise Union Counsel and the parties
will request that the Board schedule a date for the hearing of the grievances to
proceed.
iv. If the Union fails to provide any documentary evidence to the Employer, or if it
produces evidence which the Employer views as insufficient to support the
Union’s request for an adjournment of the June 1, 2015 hearing, Employer
Counsel will so advise the Union.
v. The hearing will be reconvened at that time to hear the Employer’s motions
that the June 1, 2015 adjournment request was not warranted and that the
grievances should be denied.
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vi. The parties acknowledge that there is as of yet no evidence before the Board
upon which the Employer’s motions will be decided. It will be open to the parties
to put before the Board agreed facts or to call viva voce evidence upon which the
motions contemplated in paragraph (v) will be decided.
vii. The grievor is ordered to provide to the Union today his current contact
information, including mailing address, telephone number and e-mail address.
Should any of his contact information change before the final resolution of these
grievances, he is to provide updated contact information forthwith to the Union’s
representative.
viii. The parties both agree that if the hearing of the grievances proceeds on the
merits, no liability will accrue from February 24, 2014 until the date that the
hearing on the merits first commences.
[6] My jurisdiction in these matters is retained.
Dated at Toronto, Ontario this 30th day of September 2015.
Mary Lou Tims, Vice-Chair