HomeMy WebLinkAbout2015-1908.Manna et al.19-11-07 DecisionCrown Employees Grievance Settlement
Board
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180 Dundas St. West
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# 2015-1908
UNION# 2015-5112-0176
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Manna et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Reva Devins
Arbitrator
FOR THE UNION
Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Braden MacLean
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING November 6, 2019
-2-
DECISION
[1] A group grievance was filed on April 12, 2015 and proceeded by expedited
mediation/arbitration, pursuant to s. 22.16 of the Collective Agreement. In a
decision issued on April 19, 2018, the Employer was ordered to pay damages to
every Grievor who met certain conditions.
[2] An issue has now arisen with respect to the implementation of that decision. The
parties have been unable to resolve which Grievors have met the conditions that
would make them eligible to receive damages. The parties asked that the matter
continue to proceed under Article 22.16, including a decision without reasons and
without prejudice or precedent.
[3] This confirms that I have issued an oral ruling determining eligibility to receive
damages with respect to all of the disputed individuals. To preserve the
confidentiality of those affected, I decided not to name the individual Grievors in a
written decision and advised the parties orally which Grievors are entitled to
damages instead.
[4] I will remain seized in the event that any further issues arise with respect to the
interpretation, application or implementation of this or the earlier decision.
Dated at Toronto, Ontario this 7th day of November 2019.
“Reva Devins”
________________________
Reva Devins, Arbitrator