HomeMy WebLinkAbout2015-3069.McGann.17-10-03 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2015-3069; 2015-3070; 2015-3071; 2016-1251; 2016-1574
UNION#2016-0526-0009; 2016-0526-0010; 2016-0526-0011; 2016-0526-0034;
2016-0526-0041
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McGann) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Barry B. Fisher Arbitrator
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Stewart McMahon
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 22, 2017
- 2 -
Decision
[1] On Friday September 22, 2017 the Parties appeared before me to deal with the
following five grievances on the basis of article 22.16 of the Collective
Agreement, 2015-3069 (2016-0526-0009), 2015-3070 (2016-0526-0010), 2015-
3071 (2016-0526-0011), 2016-1251 (2016-0526-0034), and 2016-1574 (2016-
0526-0041).
[2] The Parties proceeded on the basis of materials filed by both parties that
included particulars and supporting documents provided by the Union and
responding particulars and supporting documents provided by the Employer.
[3] These materials were supplemented by statements made by Mr. Dag McGann,
the grievor, and Mr. Michael Valerio, Manager of Court Operations. On
questioning by me Mr. McGann stated that he could fulfill all of the duties of a
Court Clerk and Registrar during pre-trial proceedings in all four of the Superior
Court of Justice Court Houses to which he is assigned, without the need for any
accommodation save for the need to periodically stand and stretch momentarily,
which he stated could be done unobtrusively and without disturbing the
proceedings. Mr. McGann also told me that he does not require the special chair
previously provided to him by the Employer to perform his functions during pre-
trials.
[4] Based on the materials provided to me, the statements made by Mr. McGann
and Mr. Valerio, I, with the consent of the Parties, order the Employer to
implement a six month trial, effective October 2, 2017, to April 1, 2018, inclusive,
during which it will assign Mr. McGann to pre-trials. For clarity there shall be no
restrictions on the number, duration or locations of the pre-trial assignments
based on Mr. McGann’s assertion that he does not need any accommodation
beyond the aforementioned periodic standing and stretching and Mr. McGann is
to be scheduled in the same manner as the other Court Clerk and Registrars
assigned to pre-trials. For clarity, Mr. McGann will not be assigned to any trials.
[5] I will remain seized of this matter and if either Party feels that the trial is not
progressing in accordance with this Order they may ask that the hearing be
resumed.
[6] The balance of Mr. McGann’s grievances listed in paragraph 1 are dismissed on
consent save and except that the Letter of Reprimand dated September 8, 2016
is to be replaced with a Letter of Counsel.
- 3 -
[7] I am advised that the Union has referred to the Board the following grievances
2016-1855 (2016-0526-0042); 2016-2354 (2016-0526-0048); 2016-2355 (2016-
0526-0049); 2016-2356 (2016-0526-0050) and that I am seized with these
grievances. With the consent of the Parties I order that to the extent that any of
the complaints raised in these grievances include matters included in the
grievances that are before me today, those portions of the grievances will be
struck as they relate to Mr. McGann. For clarity, this Order in no way precludes
his participation in the group grievance asserting that Court Clerks and
Registrars are entitled to be scheduled for 7.25 hours per day based on
Schedule 3.7.
Dated at Toronto, Ontario this 3rd day of October 2017.
Barry B. Fisher, Arbitrator