HomeMy WebLinkAbout2017-0669.Sehgal et al.19-01-15 DecisionCrown Employees Grievance Settlement
Board
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Toronto, Ontario M5G 1Z8
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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# 2017-0669
UNION# 2017-0228-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sehgal et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE
Diane Gee
Arbitrator
FOR THE UNION
Willow Petersen
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING March 14, 2018; December 12, 2018
-2-
DECISION
[1] This matter is a group grievance alleging an abuse of management rights under
section 2.1 of the collective agreement. This proceeding is governed by article
22.16 of the collective agreement. That article reads as follows:
22.16 MEDIATION/ARBITRATION PROCEDURE
22.16.1 Except for grievances concerning dismissal, sexual
harassment, and/or human rights, and Union
grievances with corporate policy implications, all
grievances shall proceed through the GSB to a single
mediator/arbitrator for the purpose of resolving the
grievance in an expeditious and informal manner.
22.16.2 The mediator/arbitrator shall endeavour to assist the
parties to settle the grievance by mediation. If the
parties are unable to settle the grievance by
mediation, the mediator/arbitrator shall determine the
grievance by arbitration. When determining the
grievance by arbitration, the mediator/arbitrator may
limit the nature and extent of the evidence and may
impose such conditions as he or she considers
appropriate. The mediator/arbitrator shall give a
succinct decision within five (five) days after
completing proceedings unless the parties agree
otherwise.
…
22.16.7 Decisions reached through the mediation/arbitration
process shall have no precedential value unless the
parties agree otherwise.
[2] Decisions issued under article 22.16 are without prejudice or precedent and
reasons are to be brief. The parties agreed to extend the time period set out in
article 22.16.2 for the issuance of my decision in this matter.
[3] Mediation was held in connection with this matter over two days. During that
time I heard submissions from some of the individuals on whose behalf the
grievance had been filed concerning the problems in the workplace. The issues
identified primarily relate to the caseloads carried by Victim Witness Service
Workers at the Brampton office as compared to VWSWs working in other offices
in the province; the feeling that mandated cases were not being properly serviced
due to the workload; and the employer’s refusal to provide statistics as to
workloads in the Brampton and other offices. These issues are reflected in the
statement of desired settlement that forms part of the grievance.
-3-
[4] Assuming without finding the allegations advanced in the grievance to be true,
they would not amount to a violation of the collective agreement. The Employer
retains the right to determine what work is to be done and where that work will be
done. It is under no obligation to equalize work or provide statistics as to the
levels of work being performed.
[5] The grievance is hereby dismissed.
Dated at Toronto, Ontario this 15th day of January, 2019.
“Diane Gee”
______________________
Diane Gee, Arbitrator