HomeMy WebLinkAbout2014-3490.Dupuis.18-09-11 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# 2014-3490; 2014-3658; 2014-3659; 2014-3660; 2014-3661; 2017-2396; 2017-2397
UNION# 2014-5112-0192; 2014-5112-0216; 2014-5112-0217; 2014-5112-0218; 2014-5112-
0219; 2017-5112-0250; 2017-5112-0251
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dupuis) Union
- and -
The Crown in Right of Ontario
(The Ministry of Community Safety and Correctional Services) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Jonathan Rabinovitch
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
September 7, 2018
- 2 -
Decision
[1] The Board is seized with a number of grievances filed by Ms. Cassandra Dupuis,
who is employed as a Correctional Officer.
[2] Multiple dates were scheduled to deal with these grievances. A number of them
were adjourned, one at the request of the employer, and others at the request of
the union. On two further days hearings were scheduled and the parties attended
at the Board. However, the arbitration hearing did not commence; the parties used
the time attempting to resolve the grievances with my assistance as mediator. At
this time none of the grievances have been resolved. As a result of the foregoing
two days remain scheduled, February 1 and 25 of 2019. The instant hearing by
teleconference was convened to deal with a disagreement between the parties on
the scheduling additional hearing dates.
[3] The union is of the view that four more days should be scheduled as soon as
possible. Counsel argued that if scheduling of additional dates is postponed until
February 2019, the proceeding, which has already been delayed, would be further
delayed into the summer or fall of 2019.
[4] The employer objected. Counsel took the position that no additional dates should
be scheduled until the outcome of the two dates presently scheduled in February
2019 is known. Counsel expressed the employer’s concern that unnecessary
costs would be incurred if dates are scheduled now, and are then cancelled, for
example as a result of a settlement reached on the February dates.
[5] I pointed out that there is an obvious way of addressing the concerns of both
parties with no detriment to either. I ruled that the four additional days requested
by the union could be scheduled in such manner, so that no cancellation charges
would be incurred if those days are cancelled on or before February 25, 2019. I
ruled that the Registrar of the Board would be directed to schedule the four earliest
days mutually available to the parties and to the arbitrator (based on availability on
arbdates.com), beyond 30 calendar days from February 25, 2019.
- 3 -
[6] The oral ruling set out above is hereby confirmed. The Registrar is directed to
schedule four additional days in this proceeding on the terms set out at paragraph
5.
[7] I remain seized. The instant proceeding will continue on the dates scheduled.
Dated at Toronto, Ontario this 11th day of September, 2018.
“Nimal Dissanayake”
Nimal Dissanayake, Arbitrator