HomeMy WebLinkAbout2010-2380.Lefkowitz.15-12-01 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#2010-2380
UNION#2010-0224-0031
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lefkowitz) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Eric del Junco
Counsel
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING November 27, 2015
- 2 -
Decision
[1] On February 6, 2015, this Board issued a decision regarding the grievance of
Marsha Lefkowitz wherein it was determined that the Employer had breached
Article 9.1 of the Collective Agreement. The matter of damages was remitted to
the parties for resolution.
[2] The Employer raised an objection to this Board’s jurisdiction to award damages
that result from a work place injury in accordance with Re The Crown in Right of
Ontario (Ministry of Community Safety and Correctional Services) & OPSEU
(Monk) GSB#1995-1684 (Gray)
[3] Following the raising of this jurisdictional issue by the Employer, a hearing date
was scheduled for November 27, 2015 in order to address this jurisdictional
issue. Upon the reconvening of the hearing, the parties agreed to adjourn the
matter sine die for a period of six months to further consider their positions in
relation to this issue.
[4] Based on the agreement of the parties, this matter is adjourned sine die for six
months. If neither party seeks to have this matter re-scheduled for further
hearing before May 27, 2016, this Board shall deem the matter concluded and
will close its file.
Dated at Toronto, Ontario this 1st day of December 2015.
Felicity D. Briggs, Vice Chair