HomeMy WebLinkAbout2005-2277 Sparks 2009-08-31 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
2005-2277, 2005-2278, 2007-0935
GSB#
2005-0586-0006, 2005-0586-0007, 2007-0586-0009
UNION#
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
èÏÔÎÏ
(Sparks)
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services)
Employer
BEFORE
Jules Bloch Vice-Chair
FOR THE UNIONTim Hannigan
Counsel
Ryder Wright Blair & Holmes LLP
FOR THE EMPLOYER
Ferina Murji
Counsel
Ministry of Government Services
CONFERENCE CALLAugust 27, 2009
DECISION
[1] On Thursday, August 27, 2009 I held a teleconference. At issue was a request
by the Union for an extension of time for the filing of its particulars. The Employer had
already allowed the Union one extension of time for the filing of particulars. The Union
asserted that the extension was required as the grievor was ill. The Union was unable
to provide me with particulars of the illness and consequently the Union could not
explain why it could not meet with the grievor, in a timely manner, to provide particulars.
[2] Further to the Union's request for an extension of time to provide its particulars,
the Board will allow an extension of two weeks, i.e. September 11, 2009. If the Union
fails to provide the Employer with its complete particulars by that time that particular
grievance will be dismissed. I retain jurisdiction to allow the Union to show cause, by
providing specific evidence of exceptional and extenuating circumstances, as to why the
grievor was unable to provide particulars. Should I be satisfied, as to the reasons for
the Union?s inability to provide its particulars, I retain the jurisdiction to reinstate the
grievance.
Dated at Toronto this 31st day of August 2009.
Jules Bloch
Vice Chair