HomeMy WebLinkAbout2003-3265.Pace.05-11-23 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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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# 2003-3265 2004-1066 2005-0288 2005-1255
UNION# 2003-0234-0562,2004-0234-0305 2005-0234-0054 2005-0234-0156
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Pace) Union
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Loretta Mikus Vice-Chair
FOR THE UNION John BrewIn
Ryder Wnght Blair & Holmes LLP
Bamsters and SOlICItorS
FOR THE EMPLOYER SImon Heath
Counsel
Mimstry of Government ServIces
CONFERENCE CALL November 21 2005
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DeCISIon
The gnevor Antonella Pace filed a gnevance allegIng, among other charges, the Employer had
condoned and fostered a pOIsoned work envIronment and a vIOlatIOn of the WDHP PolIcy I was
appoInted to hear that gnevance and our first heanng was In February of 2005 (GSB # 2003-
3265) We have two more days scheduled In December and two In January of2006
In 2004 the gnevor was suspended and she filed a gnevance allegIng unJust dIscIplIne (GSB #
2004-1066) That gnevance was to proceed before another Vice-Chair along wIth five other
gnevances filed by the correctIOnal officers charged wIth Inmate abuse The gnevor's dIscIplIne
does not anse dIrectly from the alleged abuse but rather from her actIOns subsequent to It. It IS
my understandIng that those gnevances are not scheduled for a heanng untIl after the New Year
and that the gnevor's complaInt, SInce It IS not dIrected towards the events gIVIng nse to the five
other gnevances, wIll probably be heard after the five alleged abuse gnevances
In 2005 the gnevor filed two addItIOnal gnevances, one allegIng unJust dIsmIssal, the other a
breach of her nght to pnvacy The Umon brought forth a request to consolIdate the dIscharge
gnevance wIth the harassment gnevance before me and to have the dIscharge proceed on the
days scheduled to deal wIth the harassment gnevance
ImtIally the Employer obJected to the consolIdatIOn of those gnevance but, In a conference call
on November 21 2005 agreed to the Umon's request on the condItIOn that the prevIOUS
dIscIplIne gnevance also be consolIdated wIth the dIsmIssal and that the two gnevances proceed
In that order
The Umon obJected on the grounds that J OImng these two gnevances would unduly extend the
heanng on the dIscharge whIch wIll preJudIce the gnevor SInce she IS out of work.
It IS my VIew that all four gnevances be consolIdated and be heard by me There IS ObvIOusly
ment In the Umon's assertIOn that the dIscharge should be heard In a speedy and expedItIOus
manner However I accept the Employer's submIssIOn that ItS decIsIOn to termInate the
gnevor's servIces was based on her record at the tIme whIch contaIned the suspenSIOn. If I were
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to find some cause for dIscIplIne In the dIscharge gnevance, I would be unable to determIne the
appropnate penalty untIl the state of her dIscIplIne record had been determIned by another Board.
That could only frustrate the goal of a speedy heanng If the ultImate deCISIOn on her status has to
aWait a determInatIOn on the ments of a gnevance that has not been heard and, In fact, IS not
scheduled to be heard for at least two or three months after thIS heanng.
It IS my VIew that the dIscharge gnevance should proceed expedItIOusly but that, In order to
make decIsIOns In the context In whIch they occurred, the suspenSIOn gnevance should precede
the dIsmIssal gnevance SInce the facts gIVIng nse to the claim of a breach of the gnevor's
nghts to pnvacy denve from the same facts as her dIsmIssal gnevance, It also makes sense that It
be heard at the same tIme to aVOId the necessIty of another heanng on the same facts
Therefore, It IS the order of the Board that gnevances # 2004-1066 2005-0288 and 2005-1255 be
heard together commenCIng on December 12 and 13 2005 and that gnevance # 2003-3265 be
adJourned untIl the completIOn of those proceedIngs
SIgned at Toronto thIS 23rd day of November 2005
Loretta Mikus, Vice-Chair