HomeMy WebLinkAbout1998-0589.Sindall.00-02-14 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L '()NTARW
GRIEVANCE COMMISSION DE
-- SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396
GSB # 589/98
OPSEU # 98A571
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Uruon
(Smdall)
GIievor
- and -
The Crown m RIght of Ontano
(Mirusm of the SolIcItor General and CorrecTIonal ServIces)
Employer
BEFORE Bam B Fisher Vice ChaIr
FOR THE John Brewm
GRIEVOR Bamster & SolIcItor
FOR THE Carol Ann Witt
EMPLOYER Counsel, Legal ServIces Branch
Management Board Secretanat
HEARING Februan 9 2000
AWARD
ThIS case anses from the Med/Arb procedure under the CollectIve
Agreement.
The gnevor seeks mdemnIficatIOn for legal fees WhICh he spent hInng
a lawyer m pnvate practIce m respect of a lItIgIOuS matter ansmg from the
performance of hIS duty m the workplace
There IS no provIsIOn m the CollectIve Agreement provIdmg for a
nght to legal mdemmficatIOn.
There IS however, a MImstry polIcy (Subject Number ADI 02 03 01
" Payment of Legal Fees ") m WhICh the Deputy MImster, m hIS sole
dIscretIOn, can choose to reImburse MInIStry employees who meet certam
precondItIOns
The posItIOn of the MImstry IS that the Gnevance Settlement Board
has no JurIsdIctIOn m thIS matter as there IS no CollectIve Agreement nght to
mdemnIficatIOn for legal fees The Dmon dId not make any submIssIOns on
thIS tOpIC
I find that the Gnevance Settlement Board does not have jUnSdIctIOn
m thIS partIcular case, partIcularly smce the gnevor dId not allege that the
polIcy was admmIstered m an arbItrary, dIscnmmatory or bad faith manner
I will leave It another case and perhaps another VIce Chair to see If the Issue
would be dealt wIth dIfferently If there were allegatIOns that the MImstry
polIcy was admmIstered m an arbItrary, dIscnmmatory or bad faith manner
The gnevance IS hereby dIsmIssed.
Dated at Toronto, thIS February 14,2000
Barry B FIsher, VIce Chair