HomeMy WebLinkAbout2010-2499.Pinkney et al.19-11-14 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#2010-2499, 2015-0652
UNION#2010-0108-0049, 2015-0108-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pinkney et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL November 14, 2019
- 2 -
Decision
[1] The two matters before me are contained within file numbers 2010-2499 et al.
and 2015-0652. Paragraph 2 of a decision issued on October 17, 2019, provided as
follows:
[2] At a hearing on September 27, 2019 for File Number 2015-0652, I discussed
with counsel ways to move forward with these cases to facilitate a resolution of
the grievances. This subject was further discussed during a conference call held
on October 16, 2019. After hearing from counsel during the conference call, I
advised them that I would make directions to both parties in order to ensure that
they would be in a position to focus on the remaining remedial issues in dispute
for the mediation scheduled for November 14, 2019. Accordingly, for purposes
of the upcoming mediation only and without prejudice to the positions a party
might take in any future litigation of the grievances, I hereby direct each party to
prepare and provide to counsel opposite a written outline of its position on the
monetary value of any outstanding remedy for both matters, along with the
rationale for its position, by no later than November 8, 2019.
[2] On November 13, 2019, the parties agreed to adjourn the mediation scheduled
for November 14, 2019, at the Union’s request. During a conference call on November
14, 2019, Union counsel explained why the Union was unable to comply with the
direction issued on October 17, 2019. Since both parties are interested in finally
resolving the grievances at issue, it is unfortunate that it was necessary to adjourn the
mediation date of November 14, 2019. The parties now have agreed to hold the
mediation to address outstanding remedial issues on December 6, 2019. In order to
ensure a productive mediation, I direct the Union to prepare and provide to Employer
counsel a written outline of its position on the monetary value of any outstanding
remedy for both grievances, along with the rationale for its position, by no later than
December 2, 2019.
Dated at Toronto, Ontario this 14th day of November, 2019.
“Ken Petryshen”
Ken Petryshen, Arbitrator