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HomeMy WebLinkAboutP-2016-0603.Ashdown et al.17-03-07 Decision Public Service Grievance Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission des griefs de la fonction publique Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 PSGB#2016-0603, P-2016-0610, P-2016-0611, P-2016-0612 IN THE MATTER OF AN ARBITRATION Under THE PUBLIC SERVICE OF ONTARIO ACT Before THE PUBLIC SERVICE GRIEVANCE BOARD BETWEEN Ashdown et al Complainant - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Marilyn A. Nairn Vice Chair FOR THE COMPLAINANTS Steven Ashdown Marc Lachance Kevin Spike Patrick Barnes for Susan Spike FOR THE EMPLOYER Peter Dailleboust Treasury Board Secretariat Legal Services Branch Counsel HEARING January 17, 2017 - 2 - Decision [1] Four applications were set down for hearing in Ottawa on January 17, 2017. Included were File Nos. P-2016-0603 (Ashdown), P-2016-0610 (Lachance), P-2016- 0611 (Spike, K.), and P-2016-0612 (Spike, S.). At the hearing, three of the complainants were represented. I was advised that Mr. Lachance was ill and could not attend. The Board’s decision dated February 3, 2017 notes that absence and states at paragraph 4 that the decision considers the evidence and submissions received with respect to the remaining three applications. [2] Paragraph 30 of the Board’s February 3, 2017 decision directed that the decision be provided to Mr. Lachance, who was then provided with 30 days from that date to indicate to the Board in writing whether he sought any further opportunity to be heard by the Board, and, if so, the basis for any such request. [3] It has come to my attention that the Board did not provide the February 3, 3017 decision to Mr. Lachance. It was sent to Mr. Ashdown and employer counsel. In that circumstance, it is not apparent to me that Mr. Lachance has received a copy of the decision and the direction contained therein. [4] I therefore direct that the decision dated February 3, 2017 in these matters be forwarded by the Board directly to Mr. Lachance. A copy of that decision is also to be provided by the Board to any of the other named complainants who were not previously provided with such a copy. At that time, the Board is to provide each of the four named complainants with a copy of this direction as well. [5] Further to paragraph 30 of the decision dated February 3, 2017, Mr. Lachance will have 30 days from the date of this direction to indicate in writing to the Board whether he seeks any further opportunity to have his matter heard by the Board, and, if so, the basis for any such request. Absent any such response, his complaint will be dismissed. Dated at Toronto, Ontario this 7th day of March 2017. Marilyn A. Nairn, Vice Chair