HomeMy WebLinkAbout2003-3147.Morsi.08-04-15 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2003-3147,
2003-3148, 2003-3149, 2004-0072, 2004-0073, 2004-0320, 2004-0904, 2004-0905, 2004-0956,
2004-1274, 2004-1371, 2004-1648, 2004-2017, 2004-2018, 2004-2944, 2004-2945
UNION# 2003-0546-0017,
2003-0546-0018, 2003-0546-0019, 2003-0546-0022, 2003-0546-0023, 2003-0546-0024,
2004-0546-0006, 2004-0546-0005, 2004-0546-0007, 2004-0546-0011, 2004-0546-0013, 2004-0546-0014,
2004-0546-0031, 2004-0546-0032, 2004-0546-0035, 2004-0546-0036
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Morsi)
Union
- and -
The Crown in Right of Ontario
(Ministry of Finance)
Employer
BEFORE Barry B. Fisher Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER Benjamin Parry
Counsel
Ministry of Government and Consumer
Services
HEARING April 11, 2008.
2
Interim Decision
Following the hearing of April 11, 2008, I have made the following rulings:
1. The Employer is to provide me with their calculations as to what they submit would be
the monetary loss if the Grievor had received an interview opportunity. This should be
calculated on the basis of the following formula:
Monies Grievor would have earned if she had won the competition
Less
Monies actually received in the same period
Multiplied by
th
3/14 (21%)
th
The fraction 3/14 is drawn from the fact that there were 13 people interviewed for 3
positions, and if she had been interviewed, she would have had a 3 out of 14 chance of
winning the position, all other factors being equal. As the Grievor did in fact win a
competition for this job, this is one possible way of calculating the lost opportunity.
The Employer is to submit this calculation to the Vice-Chair and the Union on or before
Friday, April 18, 2008.
2. The Union is to respond to the submissions by April 27, 2008.
Therefore the only submissions outstanding relate to the possible monetary award if the
Union is successful. All other submissions are complete. I will issue my award shortly.
3. The next hearing date is May 2, 2008. We will start the next grievance on that date.
4. The Union, who has just recently retained new counsel, Mr. Ed Holmes, is requesting that
we cancel some of the scheduled hearing dates as they conflict with his previous
commitments.
3
The union requests the cancellation of the following dates: May 9, 16, 30 and June 13,
2008.
The Employer objects, referring to the long delays already incurred in this case. This is a
valid point, however, in the particular circumstances for this case, I am granting the
adjournment. The following hearing dates are hereby confirmed: May 2, June 6, 20 and 27,
2008.
5. Previously the parties have asked that I hear all the evidence before issuing any award.
The parties now wish me to render a full decision on the three grievances already heard in
relation to three competitions. I am prepared to do so on the understanding that this will be
for all purposes, including the issue of age discrimination. In other words, once I have issued
my award on the first three grievances, all issues are final and evidence or findings in these
awards cannot be reopened or questioned in further grievances.
th
DATED at Toronto, this 15 day of April, 2008
Barry B. Fisher, Vice-Chair