HomeMy WebLinkAbout1999-0844.Nathan.01.01.25 Decision
o NTARI 0 EMPLOYES DE LA CO['RONNE
CROWN EMPLOYEES DE L 'ONTARIO
-- 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 #0844/99
OPSEU#99B779
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OntarIO Pubhc ServIce Emplovees Umon
(N athan)
Gnevor
- and -
The Crown m RIght of Ontano
(Mimsm of the Attome, General)
Employer
BEFORE Ian A. Hunter V Ice Chair
FOR THE Don MartIn
GRIEVOR Gnevance Officer
Ontano Pubhc ServIce Emplovees Umon
FOR THE Roslvn BaIchoo Counsel
EMPLOYER Len Hatzls, Counsel
Legal ServIces Branch
Management Board Secretanat
HEARING Januan 22,2001
2
AWARD
On April 5, 2000 three (3) grievances that were filed by Mr Dexter Nathan came
on for hearing before me
After hearing opening statements from counsel for the Employer, Ms Baichoo,
and counsel for the Union, Mr Martin, and having been advised by Ms Livia Sessions,
the incumbent, who was present, but she did not wish to make an opening statement nor
to retain independent counsel, ten (10) exhibits were filed with me on consent.
On a motion by Ms Baichoo, I ruled that the first grievance (Exhibit 1A) was
dismissed, I did so on the Employer's undertaking to provide the relief requested in that
grievance, namely that the letters of which the Grievor complains are not, and never
have been, part of his personnel file
The second grievance (Exhibit 1 B) I held to be moot.
With respect to the third grievance (Exhibit 1 C) which challenges the results of a
job competition, there was a private discussion between counsel Following that
discussion, Mr Martin requested an adjournment. I granted that request on his
undertaking that he would meet with Mr Justice Farley to review the content of a
reference letter (Exhibit 10) that Mr Justice Farley had provided for the Grievor If Mr
Justice Farley confirmed the essentially unfavourable nature of that reference (Exhibit
10), Mr Martin indicated that the grievance should be dismissed
3
At the hearing on January 19, 2001 Mr Martin confirmed that a meeting was held
on April 17, 2000, present at that meeting were Don Martin, Roslyn Baichoo and Steven
Patterson, a senior solicitor in the Ministry of the Attorney General The meeting lasted
for approximately half an hour Mr Justice Farley confirmed that Exhibit 10 was an
accurate representation of what he had said with respect to the Grievor's qualifications,
and he further confirmed that any viva voce evidence he might give would simply
reiterate what is contained in Exhibit 10
On April 18, 2000 Mr Martin met with the Grievor, Mr Nathan, and conveyed this
information to him Mr Martin requested the Grievor to withdraw the Grievance (Exhibit
1 C) The Grievor refused to do so
At the hearing on January 19, 2001, on the basis of this information, Mr Hatzis,
counsel for the Employer, brought a motion to dismiss the grievance (Exhibit 1 C) based
on the undertakings given by Mr Martin on April 5, 2000 Mr Hatzis submitted that the
Union's request Dr adjournment was granted on the express undertaking that, unless
Mr Justice Farley varied his reference, the grievance should be dismissed
On January 19, 2001 responding to this motion Union counsel, Mr Martin, said
"The understanding between us was that unless Mr Justice Farley repudiated the
contents of Exhibit 10, then the grievance would go no further I cannot deny that this
was the understanding of counsel"
4
On the basis of the undertaking given between counsel on April 5, 2000 and
confirmed before me on January 19, 2001, I dismissed the grievance of Dexter Nathan
dated June 2, 1999 (Exhibit 1 C)
Accordingly, my disposition of the three (3) grievances before me is as follows
Grievance #99B538, dated March 25, 1999 (Exhibit 1A), is dismissed
Grievance #99B780, dated May 7, 1999 (Exhibit 1 B), is hereby declared to be moot.
Grievance #99B779, dated June 2, 1999 (Exhibit 1 C), is hereby dismissed
Dated at the City of London this 25th day of January 2001
Signed
Ian A. Hunter, Vice-Chair