HomeMy WebLinkAbout2004-3093.Dimartino et al.07-09-12 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2004-3093,2004-3124
UNION# 2004-0582-0077,2004-0582-0074
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Dimartino et al.)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
M. Brian Keller
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
August 28, 2007.
Union
Employer
Vice-Chair
2
Decision
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a "True
Mediation-Arbitration" process, wherein each provides the vice-chair with submissions, which
include the facts and authorities each relies upon. The process adopted by the parties provides
for a canvassing of the facts during the mediation phase, although the vice-chair has the
discretion to request further information or documentation. Arbitration decisions are issued in
accordance with Article 22.16 of the collective agreement, without reasons, and are without
prejudice or precedent.
The grievance in this case relates to alleged harassment and discrimination.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that the grievances should be adjourned sine die pending external investigation of the issues
raised.
Toronto, this lih day of September, 2007.
M. Brian Keller, Vice-Chair