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HomeMy WebLinkAboutP-2017-3833.Stricko.18-06-25 Decision Public Service Grievance Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission des griefs de la fonction publique Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 PSGB# P-2017-3833 IN THE MATTER OF AN ARBITRATION Under THE PUBLIC SERVICE OF ONTARIO ACT Before THE PUBLIC SERVICE GRIEVANCE BOARD BETWEEN Stricko Complainant - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Brendan Morgan Vice-Chair FOR THE COMPLAINANT Daniel Stricko FOR THE EMPLOYER Susan Munn Treasury Board Secretariat Legal Services Branch Counsel - 2 - DECISION A. BACKGROUND [1] The Complainant, Mr. Daniel Mark Stricko, is employed by the Ministry of Community Safety and Correctional Services (“CSCS” or the “employer”). At all relevant times he was employed at the Elgin Middlesex Detention Centre. [2] The Complainant filed a Form 1 Application with the Board on or about March 20, 2018, contesting the validity of a five day suspension that was imposed upon on January 24, 2018. [3] The Employer in the course of the filing of their Form 2 response raised a preliminary objection that the discipline of the Complainant was not reviewable by the PSGB in that it was not filed by the Grievor within the time frame set out by Ontario regulation 378/07. [4] A mediation session was subsequently scheduled for July 18, 2018. [5] On Wednesday, June 6, 2018, the Complainant wrote to the Board requesting that the venue for the mediation session be changed from the Board’s office in Toronto to a location in London, Ontario. The Complainant resides in London and the Elgin Middlesex facility where he is employed is located nearby. [6] The Complainant cited medical reasons and the fact that he was currently off work on a WSIB matter as the reason for his request of a change of venue. [7] The Employer opposed the Complainant’s request. On June 8, 2018, Counsel for the Employer stated that the Board should not depart from its usual practice of holding mediations in Toronto. [8] However, Counsel did offer, in the alternative, to conduct the mediation session via tele-conference hearing on the scheduled mediation date. B. DIRECTION TO THE PARTIES [9] Having reviewed the positions of the Complainant and Employer and after reviewing the appropriate section of Ontario Regulation 378/07 and the Public Service Grievance Board Rules & Practice Notes the Board orders as follows: a. Practice Note #3 of the Public Service Grievance Board Rules & Practice Notes considers the issue of locations for Mediations and Hearings. b. The “general rule” stated in Note #3 is that mediations/hearings will take place at the Board offices in Toronto in order to reduce travel and expense costs. - 3 - c. However, the Rule does permit for the scheduling of matters elsewhere if the hearing of the matter in Toronto “results in unreasonable expense and inconvenience for either party.” d. In the matter before the Board the Complainant has requested that the matter be held in London, Ontario because of the Complainant’s health issues and the fact that he is currently away from work on a WSIB related matter. e. It is worth noting that contained within the Complainant’s Form 1 Application are references to certain medical care that he was and presumably remains under with the assistance of his psychologist. f. Further, his place of employment, the Elgin Middlesex Detention Centre is within close proximity to London, Ontario. g. The Board finds that the Complainant has, in this instance, satisfied the Board that conducting the mediation in Toronto would result in both an “unreasonable expense and inconvenience”. As a result of all of the above the Board is therefore ordering that the mediation will be scheduled to take place in London, Ontario, on the July, 18, 2018. h. The parties will be notified forthwith as to allocation for the mediation. i. The Board notes that the Employer had offered, in the alternative, to conduct the mediation via tele-conference call. Having reviewed the particulars attached to the Form 1 and Form 2 it is the opinion of the Board that the mediation be conducted with all the parties present at the same location. j. That said the Board directs the Complainant to be prepared to attend to the preliminary issue that the Employer has raised in its Form 2 response. The Board further directs the Employer to provide the Complainant with any authorities it intends to rely upon along with a copy of the Ontario regulation 378/07 no later than seven days before the scheduled mediation date. If these documents cannot be delivered to the Complainant via electronic methods the Employer is directed to forward them to the Complainant by courier to the Complainant’s home address. Dated at Toronto, Ontario this 25th day of June, 2018. “Brendan Morgan” _______________________ Brendan Morgan, Vice-Chair