HomeMy WebLinkAbout2021-3072.Elphinstone.22-12-13 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-3072; 2021-3073
UNION# 2021-0228-0024; 2021-0228-0025
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Elphinstone) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Michael Lynk Arbitrator
FOR THE UNION James Sommerville
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Jackson Donszelmann-Lund
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING December 6, 2022
- 2 -
Decision
[1] A hearing was scheduled for the matter listed as GSB #2021-3072 and GSB #
2021-3073 on December 6th, 2022, with respect to grievances filed by Cindy
Elphinstone. The Parties agreed to adjourn the above noted matters on the
condition that other related matters are to be scheduled and heard on January
19th, 2023.
[2] This Consent Order addresses the next steps with respect to having related
matters heard together.
[3] Without prejudice to the Employer’s jurisdictional preliminary objections, the
Employer consents to an adjournment of the “OverTime Grievance” listed as
GSB# 2021-3072 (OPSEU# 2021-0228-0024) on the condition that the other “Over
Time Grievances” listed as:
• GSB# 2021-2976 (OPSEU# 2021-0228-0020); and
• GSB# 2021-2802 (OPSEU# 2021-0228-0016)
are scheduled together and proceed through the Med/Arb procedure, pursuant to
Article 22.16 of the Collective Agreement, on January 19th, 2023.
[4] For clarity, the Parties agree that GSB# 2021-3072, GSB# 2021-2976, and GSB#
2021-2802 will be scheduled before Arbitrator Michael Lynk on January 19th, 2023.
[5] The Employer reserves the right to bring preliminary objections, including
objections to the Board’s jurisdiction to hear the above-noted grievances, on
January 19th, 2023.
[6] Further to ensure that the matters proceed expeditiously, the Union agrees to
provide the Employer with particulars for all three grievances, listed as GSB#2021-
3072, GSB#2021-2976, and GSB#2021-2802, at least two weeks in advance of
the January 19th, 2023 hearing date.
Dated at Toronto, Ontario this 13th day of December 2022.
“Michael Lynk”
Michael Lynk, Arbitrator