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HomeMy WebLinkAbout1989-0176.Bronkhurst et al.90-05-08, GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WESL ~ORONTO, ON~RtO. M5G IZ8-SUI~ 21~ ~LEPHONE/T£L£PHONE 1219/89, 1244/89, 1245/89 1278/89, 1353/89 1772/~,16~/~,1774/~ IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Bronkhurst et al) Grievor - and - The Crown in Right of Ontario (Ministry of Health) Employer BEFORE: P. Knopf Vice-Chairperson M. Vorster Member H. Roberts Member FOR THE P. Paloso GRIEVOR: Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE M. Farson EMPLOYER: Counsel Fraser & Beatt¥ Barristers and Solicitors BEARING: February 27, 1990 DECISION The parties have asked the Board for directions on the future progress of these matters. Having regard to the submissions of counsel, we made the following orders orally at the hearing on February 27, 1990 and hereby confirm them as follows: 1. The following cases are consolidated with Files 176/89, 1089/89 and 1150/89; 1219/89 (89D 978) 1244/89 (89E 052 - 89E 107) 1245/89~(89E 050 - 89E 051) 1278/89 (89E 197 - 89E 198 1353/89 (89E 390 - 89E 539) 362/89 1582/89 1613/89 530/89 58O189 695/89 697/89 I541/89 The outstanding PNA classification grievances at the Brockville institutions, not yet assigned' GS8 file numbers, shall also be considered as part of this case. 2. By. or before April 30, 1990, the following is to OCCUr: (a) Each party is to identify to the other one Institution it chooses to designate as the subject matter of the initial hea~.ing. - 2 - (b) The Union is then to designate and identify to the Ministry one representative qrievor from each of the two Institutions. Where the Union believes there are differences within an Institution between people covered by the case, the Unionlcan designate further representatives within the Institution to deal only with the differences, on a representative basis. ; In making these designations, the Union is also to signify to the Ministry who is being covered or represented by each designation. (c) Upon receipt of the above info~mation from the Union, the Ministry is to ~eview and consider the people chosen as . representatives with the purpose of determining whether they can be accepted as representative of the people aA specified. If the Ministry accepts the ~ representative(s) as appropriate, the case can proceed on that basis. If the Ministry disputes the appropriateness of the designation, the parties are to try together tol determine a mutually agreeable choice. ~ If no agreement can be reached by or before April 30, 1990, either party can apply to the Board to remove the consolidation. 3. Until the Institutions are named and representatives are agreed upon by' the parties in accordance with oaragraph 2 above, the case should not be scheduled for hearing. 4. If the matter does proceed to hearing, the Board will hear evidence and submissions on the two Institutions chosen Dy the Darties under paragraph 2(a) above. An Award will then issue dealing with these two Institituions. The Institutions covered by any other files which are the subject of this consolidation order shall not be scheduled for hearing until such an Award is released. The scheduling will then be done in consultation with the parties. 4. In order to expedite the scheduling of a hearing on the merits of this case, the parties can agree that this panel is no longer seized with these matters. DATED at Toronto, Ontario, this 8th day of May, 1990. / ~6f~ Kno~ - Vice-Chairperson M. Vorster Member I.-I. Robot t:~ - ~ember