HomeMy WebLinkAbout2010-1825.Warling.16-07-25 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#2010-1825, 2010-2457
UNION#2010-0517-0042, 2010-0582-0060
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Warling) 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 Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Susan Munn
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING June 28, 2016
- 2 -
Decision
[1] Prior to our first scheduled hearing date the parties agreed to consolidate the
grievances of two Correctional Officers, Mr. Paul Canavan and Mr. Terry Warling,
before this Board. All of their grievances alleged various violations of the
collective agreement as the result of the Employer’s implementation of its
Attendance Management Program. By agreement the hearing began with the
calling of evidence regarding the grievances of Mr. Warling.
[2] Unfortunately, Mr. Warling died quite unexpectedly. The parties then made
submissions as to how the hearing should proceed. After consideration of the
unique facts and submissions of the parties, I am of the view that the grievances
of Mr. Warling should be held in abeyance until we have completed the hearing
for Mr. Canavan. At the conclusion of the litigation of Mr. Canavan if there
remains an outstanding issue that has not yet been addressed by this process,
Mr. Warling’s grievances will come back before this Board.
[3] This decision is without prejudice or precedent and is as the result of the most
unusual facts that surround these grievances.
Dated at Toronto, Ontario this 25th day of July 2016.
Felicity D. Briggs, Vice Chair