HomeMy WebLinkAbout2013-4247.Association.20-10-27 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#2013-4247; 2018-1169
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Association)
Association
- and –
The Crown in Right of Ontario
(Ministry of the Solicitor General and Ministry of Children,
Community and Social Services) Employer
BEFORE Brian McLean Arbitrator
FOR THE
ASSOCIATION
Marisa Pollock (Counsel)
Goldblatt Partners LLP
FOR THE UNION
FOR THE EMPLOYER
Donald Eady (Counsel)
Paliare Roland Rosenberg Rothstein LLP
George Parris (Counsel)
Treasury Board Secretariat
Legal Services Branch
SUBMISSIONS
August 17, September 4 & 18, 2020
- 2 -
Decision
[1] I have reviewed the submissions filed by the parties following the conference call
held in July. My intention had been to write an award this week in resolution of
the dispute(s) addressed by the submissions. Regrettably, I do not feel I am in a
position to do so without receiving further submissions.
[2] In its submissions, OPSEU argued that it was entitled to participate in this
hearing based on what might be considered the typical grounds for such
intervention requests. In its response, AMAPCEO did not really disagree that in
the normal situation OPSEU might well be granted intervener status in this case
(although I make no specific finding about AMAPCEO’s position in this regard).
Instead, AMAPCEO argued that the issue of who represents the affected workers
has already been decided by the Ontario Labour Relations Board and the result
of that decision is that OPSEU has no interest in this matter.
[3] In reply submissions, OPSEU did not really address AMACEO’s argument.
Instead, it reiterated its narrow position that it had a right to intervene and (in
effect) only once it had been given the right to intervene would it be in a position
to comment on AMAPCEO’s res judicata/issue estoppel argument.
[4] It might be possible to find that OPSEU has had its opportunity to make
submissions on the issues raised by AMAPCEO and go on to determine those
issues based on the submissions made by the employer (which did file
submissions on those issues) and AMAPCEO. However, that might well be a
bad labour relations result which could add even more uncertainty to a process
that has gone on for so many years to the detriment of the affected workers. I do
not want to add more uncertainty even though it will likely result in short term
delay.
[5] Accordingly, I invite written submissions from OPSEU regarding the issues raised
by AMAPCEO in its submissions regarding the effect of the OLRB’s PSAC case.
I assume it has standing for this purpose. The employer and AMAPCEO shall
have an opportunity to respond to those submissions and OPSEU the
opportunity for reply.
[6] I encourage the parties to agree to the schedule for the exchange of
submissions, failing which I will impose one. I also suggest to OPSEU that it
start drafting its submissions as soon as possible.
[7] Finally, I suggest that we not adjourn the November hearing dates we have
coming up unless the parties think otherwise. The employer has made various
production undertakings which are generally set out in Ms. Pollock’s email of July
8; it will be useful to determine where those stand. In addition, we can discuss
the employer’s other preliminary objections and AMAPCEO’s objections to them.
- 3 -
[8] We have now burned through several of the hearing dates which had been
scheduled in the Spring. I urge the parties to keep in mind that this group of
workers has been in a state of limbo for a very long time and to act accordingly.
My aim is to get this litigation back on track.
Dated at Toronto, Ontario this 27th day of October, 2020.
“Brian McLean”
Brian McLean, Arbitrator