HomeMy WebLinkAbout2001-1630.Union Grievance.03-04-04 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 1630/01
UNION# 02U014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Umon Gnevance) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of CorrectIOnal ServIces) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Nelson Roland
Ryder Wnght Blair & Doyle
BarrIsters and SOlICItorS
FOR THE EMPLOYER Sunee1 Bahal and Len HatzIs
Counsel
Management Board Secretanat
TELEPHONIC Apnl 2, 2003
CONFERENCE
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DECISION
On Apnl 2, 2003 I held a conference call wIth counsel, dunng whIch counsel for the Umon
requested that the Apnl 3 2003 heanng date In thIS matter be adjourned because Mr D PIckett, one
of hIS advIsors, was III and unable to attend. Counsel also advIsed that the same request would be
made for subsequent heanng dates IfMr PIckett were unable to attend due to Illness The context
wIthIn whIch counsel for the Umon made thIS request IS bnefly set out below
A sIgmficant number of employees at the Toronto West DetentIOn Centre ("Toronto West")
dId not work theIr ShIftS on November 6 and 7 2001 whIch led the Employer to file an unlawful
stnke applIcatIOn wIth the Ontano Labour RelatIOns Board and led the Umon to file an applIcatIOn
under sectIOn 50 of the Occupational Health and Safety Act In a Memorandum of Settlement dated
December 17 2001 ("the Memorandum") the partIes agreed to wIthdraw theIr respectIve applIcatIOns
and also agreed that "Vice-Chair Ken Petryshen wIll be seIzed wIth determInIng the employees'
entItlement to pay If any for the ShIftS In questIOn on November 6 and 7 2001 " Paragraph 5 of the
Memorandum provIdes that "The partIes are commItted to an expedItIOus resolutIOn of the Issue of the
employees' entItlement to pay"
The partIes agreed to 5 heanng dates to take place In September 2002, commencIng on
September 16 2002 The partIes agreed to adjourn two of these dates and on the remaInIng days they
addressed a number of case management Issues and unsuccessfully attempted to settle the matter The
Umon was represented at the September 2002 heanng by counsel who had 4 advIsors from the local
umon In attendance, namely Mr D PIckett, Mr M. Vieselmeyer Mr J Boychuck and Mr V Launa.
The partIes agreed that the Umon would not have more than four advIsors attend a heanng dunng the
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course of thIS proceedIng and that the Umon would not call more than 4 wItnesses a day The heanng
was scheduled to resume on Apnl2, 3 8 9 10 2003 and on addItIOnal days In May and June 2003
When It was not possIble to have a conference call on Apnll 2003 to deal wIth the Umon's
adjournment request, the partIes agreed to cancel the Apnl 2 heanng and to hold the conference call
on that day Dunng the conference call, counsel for the Umon IndIcated that Mr PIckett, hIS pnmary
advIsor had been hospItalIzed recently and that he would be unable to attend on Apnl 3 2003
Counsel also stated that he dId not know whether Mr PIckett would be avaIlable for Apnl 8 9 and 10
2003 Counsel forcefully submItted that the heanng should not proceed In CIrcumstances where hIS
maIn advIsor cannot attend due to Illness
Counsel for the Employer referred to the nature of the Issue In thIS matter and the fact that the
partIes had agreed to an expedItIOus resolutIOn. Counsel submItted that the absence ofMr PIckett due
to Illness was not a reason to adJ ourn the heanng.
At the conclusIOn of the conference call I Informed counsel that, In my VIew the
absence ofMr PIckett due to Illness, by Itself, was not a sufficIent basIs for adjournIng the heanng.
The Umon has three other advIsors who are able to Instruct counsel However gIven that Mr PIckett
had Just recently become III and IS stIll In the hospItal, and gIven the lIkely effect of hIS sudden
absence on the abIlIty of the Umon to deal wIth thIS matter I determIned that In these partIcular
cIrcumstances It was appropnate to adjourn the heanng scheduled for Apnl 3 2003 At thIS tIme It IS
unclear whether Mr PIckett wIll be able to attend the heanng dates scheduled for next week.
Hopefully he wIll have recovered by then. But If not, the heanng wIll proceed on Apnl 8 2003 to
address the relatIvely narrow Issue of whether employees who dId not work theIr ShIftS on November
6 and 7 2001 are entItled to payment for those ShIftS
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Dated at Toronto thIS 4th day of Apnl, 2003