HomeMy WebLinkAboutP-2003-0799.Laird.04-04-30 Decision
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P-2003-0799
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Laird Grievor
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Kathleen G O'NeIl Vice-Chair
FOR THE GRIEVOR Murray Laird
FOR THE EMPLOYER Lucy McSweeney
Counsel
Management Board Secretanat
TELECONFERENCE Apnl27 2004
2
DeCISIon
ThIS deCISIOn sets out the results of a conference call held on Apnl 28 2004 to deal wIth
prelImInary Issues, IncludIng employer counsel's request for partIculars
There are two broad areas of dIspute Included In the file before me, whIch bears PSGB #P-2003-
0799 These wIll be referred to for ease of reference as Issue # 1 or the pay for performance Issue
and Issue #2, or the faIlure to follow polIcy Issue
HavIng heard and consIdered the submIssIOns ofMs McSweeney and Mr Laird, the Board
dIrects as follows
1 The heanng set for May 17 2004 IS hereby adJourned on consent of the partIes
2 Issue #1 ansIng from the statement of gnevance referred to In Ms McSweeney's letter of
Apnl 27 as "I gneve that the employer faIled to properly Implement the pay for performance
polIcy In an eqUItable way" IS deferred to such tIme as the Board has dealt wIth the Issue of
reconsIderatIOn of the Board's February 5 2004 decIsIOn In PSGB FIle #P-2003-2373 (Lee)
The InformatIOn offered by Ms McSweeney was that argument on that matter was scheduled to
take place In September 2004 Once the decIsIOn In that matter IS avaIlable, eIther party may
contact the RegIstrar to schedule a date for the Board to hear argument as to the employer's
obJectIOn to the arbItrabIlIty ofIssue #1
3 Issue #2 ansIng from the statement of gnevance referred to In Ms McSweeney's letter of
Apnl 27 as "I gneve that the employer has faIled to follow ItS own polIcIes and procedures
related to compensatIOn on any of my actIng assIgnments/dIrect assIgnments/promotIOns WIthIn
the MCP categones, SInce 1998 " wIll be heard on a date after July 22, 2004 to be set by the
RegIstrar In consultatIOn wIth the partIes
4 Mr Laird IS to provIde employer counsel wIth partIculars of hIS gnevance In regards to Issue
#2, by the end of the day on June 22, 2004 These partIculars must Include the matenal facts on
whIch Mr Laird Intends to rely and at a mImmum must IdentIfy
(a) WhIch representatIves of the employer are alleged to have taken what
Inappropnate actIOn,
(b) In respect of what portIOns of what polIcIes or procedures,
( c) On what date or dates,
(d) In respect of whIch of the gnevor's assIgnments or promotIOns and
(e) What If any documentatIOn other than the text of the polIcIes IdentIfied In (b)
the gnevor Intends to rely on.
Employer counsel advIsed that she would consIder Mr Laird's requests for dIsclosure
and whether there were any further obJectIOns to arbItrabIlIty or tImelIness In lIght of the
partIculars once they are receIved.
3
5 Once Mr Laird has provIded partIculars, eIther party may request medIatIOn If so
advIsed.
Dated at Toronto thIS 30th day of Apnl2004
Kat een G O'NeIl
Vice-Chair