HomeMy WebLinkAbout2006-1910.O'Connor.10-07-13 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement 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
GSB#2006-1910, 2007-0666
UNION#2006-0545-0048, 2007-0546-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(O?Connor)
Union
- and -
The Crown in Right of Ontario
(Ministry of Finance)
Employer
BEFOREVice-Chair
Michael Lynk
FOR THE UNION
Ed Holmes
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER
Michelle Dobranowski
Ministry of Government Services
Counsel
HEARING
July 9, 2010.
- 2 -
Decision
[1]This is the second interim decision in this matter. The first decision, which was
released on 7 February 2008, dismissed a motion for a non-suit brought by the Employer.
This present decision deals with a motion by the Employer to adjourn the present
proceedings.
[2] The Grievor, Mr. Paul O?Connor, presently has an application before the Human Rights
Tribunal of Ontario which contends that the Employer has contravened terms in the
Minutes of Settlement entered into on 19 June 2009 that was intended to fully and finally
settle a human rights complaint he had filed under the Ontario Human Rights Code
against the Employer and the Union. Aspects of Mr. O?Connor?s human rights
complaint, the subsequent settlement and the resulting contravention application also
touch upon the subject matter of the three grievances presently before the Grievance
Settlement Board.
[3] Arising from Mr. O?Connor?s contravention application before the Tribunal, the
Employer has requested the GSB to grant an adjournment of these present proceedings
until the Tribunal has adjudicated the application. In support of its motion, counsel for
the Employer relied upon the reasoning in Ministry of Community Safety and
Correctional Services and OPSEU (Therrien) (GSB # 2004-3023 et al) (Lynk; 5 June
2008).
[4] The Union does not oppose the Employer?s motion for an adjournment, provided that the
adjournment is without prejudice to its position that the Grievance Settlement Board has
jurisdiction to determine whether Mr. O?Connor?s purported resignation is valid in light
of the 19 June 2009 Minutes of Settlement.
[5] Having considered the representations of the parties, I hereby grant the Employer?s
request for an adjournment of these proceedings, with the following conditions:
(i) That these GSB proceedings may resume when the Human Rights Tribunal of
Ontario has adjudicated Mr. O?Connor?s contravention application under the
Codeand one of the parties has requested a resumption, or if a resumption
would serve the purposes of the Crown Employees Collective Bargaining Act;
and
(ii) That the respective positions of the parties are not prejudiced.
th
Dated at Toronto this 13 day of July 2010.
Michael Lynk, Vice-Chair