HomeMy WebLinkAboutUnion 20-04-04
IN THE MATTER OF AN ARBITRATION
UNDER THE COLLECTIVE AGREEMENT
AND THE ONTARIO LABOUR RELATIONS ACT
BETWEEN:
HEADWATERS HEALTH CARE CENTRE
(“the Employer”)
AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(“the Union”)
OPSEU GRIEVANCE NO. 2018-0227-0027
AWARD
Arbitrator: Barry Stephens
Union Counsel: Alison Nielson-Jones, OPSEU Grievance Officer
Employer Counsel: Robert W. Little, Hicks Morley Hamilton Stewart Storie
Heard by conference call on March 13, 2020
AWARD
[1] The union seeks to withdraw the grievance in this matter and takes the position
that it does so “neither with nor without prejudice”. The employer does not oppose the
union’s right to withdraw the grievance but has raised issues with respect to the
arbitration process, alleging that the grievance was obviously without merit, and further
alleging that the union has a history of pursuing meritless grievances to arbitration and
abandoning them prior to the start of the hearing, but only after incurring the expenses
associated with the hearing process.
Conclusions and Decision
[2] The parties are not in disagreement that the union has the right to withdraw the
grievance, and the employer is not seeking a ruling that the withdrawal must be with
prejudice. In essence the employer seeks a finding that the union’s decision to withdraw
is part of an unacceptable pattern of inappropriate use of the grievance arbitration
process and that the members of the bargaining unit, the union executive and the union
should be cautioned against the filing of grievances that are not sustainable with respect
to collective agreement language.
[3] I can understand the employer’s concerns in the instant case. There does not
appear to be any ambiguity in the collective agreement provision in that it calls for some
evidence of harm to the bargaining unit that is a direct result of the employer’s actions.
Moreover, the union’s grievance correspondence appears to emphasize the opening
2
words of the relevant collective agreement provision, without any reference to the
harmful triggering events that would appear to be required to substantiate a breach.
[4] However, having not heard any evidence I am not in a position to admonish,
instruct or make any meaningful comment about the union’s actions or motivations with
respect to this grievance or the reasons for withdrawing the grievance. Thus, all that can
be done in these circumstances is to observe that the union has withdrawn the grievance
as it is permitted to do.
________________________
Barry Stephens, Arbitrator
April 4, 2020