HomeMy WebLinkAbout3270-05-U - Goring 06-04-11
ONTARIO LABOUR RELATIONS BOARD
3270-05-U Wendy Goring, Applicant v. Ontario Public Service Employees Union,
Responding Party.
BEFORE: Peter F. Chauvin, Vice-Chair.
DECISION OF THE BOARD; April 11, 2006
1. This is an Application Under s.74 of the Labour Relations Act, 1995, S.O. 1995, c.l,
as amended (the "Act").
2. To sununarize, the Applicant claims that she filed six grievances between November
10, 2004 and September 21, 2005 and that the Responding Party ("OPSEU") is not properly
processing those grievances.
3. OPSEU states that the grievances have all been referred to the Grievance Settlement
Board ("the GSB") and will be scheduled for mediation and, if necessary, arbitration, at the
earliest agreeable date. Accordingly, OPSEU submits that the Application should be dismissed
without further inquiry either because it is premature or because it fails to disclose a prima facie
case. Also, OPSEU submits that the Applicant has failed to comply with the Board's Decision
dated January 23,2006 ordering the Applicant to provide particulars.
4. The Intervenor ("The Ministry") also states that the grievances are scheduled for
mediation at the GSB in the near future. The Ministry submits that this Application is therefore
premature and requests that this Application be adjourned sine die pending the determination of
these grievances by the GSB.
5. OPSEU states in its response that the Correctional Bargaining Unit, of which the
Applicant is a member, has approximately 6,000 members working out of approximately 40
institutions province wide, and that there are approximately 4,500 outstanding grievances
regarding this bargaining unit. OPSEU states that most grievances, which would include the
Applicant's six grievances, are first mediated, and then proceed to arbitration before the GSB
only if they are not settled though the mediation process. OPSEU specifically states that it was
decided that the Applicant's six grievances would be dealt with separately in a mediation session
dedicated to them alone, and that Stephen Giles, an OPSEU Grievance Officer, conununicated
this to the Applicant on January 18, 2006. OPSEU and the Ministry state that the Applicant's
grievances have been set down to be discussed at the next Joint File Review to be held in April,
2006 and that the grievances will proceed to mediation at the earliest mutually agreeable date
thereafter.
6. The Applicant has a right to have her grievances processed in a reasonable manner.
However, in determining what is reasonable, many factors must be considered, including the
rights of the other bargaining unit members and the resources of OPSEU. Many members have
grievances. Not all grievances can be processed as promptly as all members may wish they were.
The Board makes no ruling, at this point, as to whether OPSEU has, or has not, violated section
74 in connection with its processing of the Applicant's six grievances. However, in view of the
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facts plead by OPSEU and the Ministry, the Board finds that it is premature to schedule this
Application for a Consultation at this time. These pleadings assert that the Applicant's six
grievances either now have been or will shortly be considered at a Joint File Review and, if
necessary, will thereafter proceed to mediation. It would be premature for the Board to consider
this Application until OPSEU has been given a reasonable period of time to conduct the Joint File
Review and the mediation.
7. Accordingly, this Application is adjourned until June 1, 2006. After June 1,2006 the
Applicant may request that the matter be scheduled for a consultation, if the Applicant remains of
the view that OPSEU has violated section 74 notwithstanding any actions that OPSEU may take
regarding her grievances up to June 1, 2006. OPSEU and the Ministry are not precluded from
making any arguments they may wish to make should the Applicant request, on or after June 1,
2006, that this matter be scheduled for a consultation.
"Peter F. Chauvin"
for the Board