HomeMy WebLinkAboutOverholt 01-12-14 IN THE MATTER OF AN ARBITRATION
BETWEEN
Ontario Public Service Employees' Union ("the union" )
AND
St. Clair College of Applied
Arts & Technology ("the college")
And in the matter of the grievance of Duncan Overholt ("the grievor")
who contends that he has been improperly disciplined for alleged
"insubordination"
BEFORE: R.O. MacDowell (chair)
Michael Sullivan (union nominee)
R. O'Connor (college nominee)
APPEARANCES
For the union: Peggy Smith (counsel)
Elaine Thibert
Beth Storey
For the company: Margaret Szilassy (counsel)
Marg Dore
E. Clements
Mark Benoit
A hearing in this matter began in Windsor, Ontario, on December 14,
2001.
AWARD
This arbitration proceeding arises from the grievance of Duncan
Overnolt ("the grievor") who contends that he has been disciplined without
just cause. The grievor received a one day suspension as a result of certain
events that occurred towards the end of April 2001. The details of those
events need not be set out here. It suffices to say that, in the union's
submission, the one day suspension was an unwar[anted or disproportionate
response in the circumstances. .. -
A hearing in this matter began in the Windsor, Gntario, on
December 13 2001. The parties were agreed that this Board of Arbitration
was properly appointed under the terms of the collective agreement, and that
it had jurisdiction to hear and determine the matters in dispute between them.
The parties were further agreed that if the Board of Arbitration found that
there had been a breach of the collective agreement, the Board had
jurisdiction to fashion an appropriate remedy.
However, as it turned that, it was unnecessary to formally litigate
this case; because after opening statements, the parties engaged in settlement
discussions and were eventually able to resolve all of the matters in dispute
between them. That resolution was reduced to writing, is signed by the
parties' representatives, and reads as follows:
Whereas the employer suspended the grievor for one
day on April 30, 2001 for refusing to follow the
direction of his supervisor on April 27, 2001;
And whereas the union filed a grievance dated May
9, 2001 alleging unjust discipline;
And whereas the parties are desirous of resolving the
issues in dispute between them;
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Having regard to the foregoing minutes of settlement, this
arbitration proceeding is hereby terminated.
However, we do not wish to leave this matter without
commending the parties and their counsel for their efforts in bringing this
matter to a conclusion without the necessity of formal litigation. As those
who till these fields will lmow: litigation is a time-consuming, costly,
uncertain, and ultimately imperfect way of resolving labour relations
disputes. A mutually agreed-upon resolution is almost always superior - as
the parties no doubt concluded in the instant case.
Dated at Toronto, this ~ D~~ of December 2001
R.O. MacDowell, for the Board
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