HomeMy WebLinkAbout2017-1142.Derjugin et al.20-09-18 DecisionCrown 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#2017-1142; 2017-1143; 2017-1144; 2017-1188; 2017-1189; 2017-1190; 2017-1191;
2017-1193; 2017-1194; 2017-1391; 2017-1392; 2017-1393; 2017-1533; 2017-1534; 2017-1535;
2017-1536; 2017-1537; 2017-1538; 2017-1539; 2017-1634
UNION#2017-0234-0112; 2017-0234-0113; 2017-0234-0114; 2017-0234-0115; 2017-0234-0116;
2017-0234-0117; 2017-0234-0118; 2017-0234-0120; 2017-0234-0121; 2017-0234-0129; 2017-0234-
0130; 2017-0234-0131; 2017-0234-0143; 2017-0234-0144; 2017-0234-0145; 2017-0234-0146;
2017-0234-0147; 2017-0234-0148; 2017-0234-0149; 2017-0234-0134
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Derjugin et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Ken Petryshen
Arbitrator
FOR THE UNION
Chris Donovan (Counsel)
Dewart Gleason LLP
FOR THE EMPLOYER Peter Dailleboust (Senior Counsel)
Treasury Board Secretariat
Legal Services Branch
HEARING September 18, 2020 (by videoconference)
-2-
DECISION
[1] I have before me a number of grievances filed by Bailiffs. A hearing by Zoom
videoconference took place on September 18, 2020, during which the parties discussed
process issues.
[2] One of the issues counsel spoke to was the request by Mr. Pacheco to be
granted intervener status in this proceeding. Mr. Pacheco appeared at the hearing and
was placed in a breakout room. The participants on the Employer and Union sides
were also placed in breakout rooms. When I joined Mr. Pacheco’s breakout room later
in the morning to give him an update, I discovered that he had left the Zoom meeting. I
sent him an email asking if he intended to return to the meeting, but did not receive a
response.
[3] This decision deals only with the question of Mr. Pacheco’s request to obtain
intervener status in this proceeding. I have determined that this matter shall be
addressed as follows. If Mr. Pacheco no longer wishes to obtain intervener status, he
should advise the Grievance Settlement Board (“the Board”) of this decision in writing
as soon as possible. Assuming Mr. Pacheco still wants to obtain intervener status,
counsel for the Employer and counsel for the Union are directed to advise the Board
and Mr. Pacheco of the Employer’s and the Union’s position on this issue by no later
than October 9, 2020. If a party is opposing Mr. Pacheco’s request for intervener
status, counsel for that party is directed to provide to the Board and to Mr. Pacheco,
also by no later than October 9, 2020, a written summary of his party’s position and any
case law he intends to rely on. This issue will be addressed on October 23, 2020, the
next hearing date scheduled for this proceeding. If Mr. Pacheco fails to appear at the
hearing on October 23, 2020, to speak to his request for intervener status, his request
may be dismissed.
Dated at Toronto, Ontario this 18th day of September, 2020.
“Ken Petryshen”
______________________
Ken Petryshen, Arbitrator