HomeMy WebLinkAbout2009-1707.Lajoie.11-10-17 DecisionCommission de
Crown Employees
Grievance
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Settlement Board
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GSB#2009-1707
UNION#2009-0678-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lajoie)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREMichael Lynk Vice-Chair
FOR THE UNIONSheila Riddell
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYERSusan Munn
Ministry of Government Services
Labour Practice Group
Counsel
CONFERENCE CALL
October 17, 2011.
- 2 -
Decision
[1]In the course of ongoing hearings with respect to the suspension and dismissal grievances of Ms.
Gail Lajoie, counsel for the Employer requested an adjournment of the two dates scheduled in
this matter for 8 & 9 November 2011 in Sault Ste Marie, citing a significant scheduling conflict
within her office. Counsel for both parties presented their clLHQWV¶SRVLWLRQV via a telephone
conference call.
The various considerations that were posed by counsel which I have kept in mind include:
i.Counsel for the Employer notified counsel for the Union in early September that a
significant scheduling conflict had arisen and that she took reasonable steps to find a
solution for the conflict short of seeking an adjournment, but without avail.
ii.The Grievor was suspended without pay in July 2009 from her position as a nurse and
was subsequently terminated. She has not been able to work within her profession since.
She desires to have her grievance litigated and decided as soon as possible.
iii.Two days of hearings have already been held, two further hearing dates are scheduled on
25 and 26 October, and both counsel agree that the Lajoie grievances would not be
completed on the scheduled November dates, and that further dates would be required in
any event. Both counsel estimate that six more days of hearings, beyond the two dates
scheduled for October 2011, will be required.
[2] Upon reflection, and bearing in mind the arbitral principles on adjournment expressed in Re
Ministry of Community Safety and Correctional Services and O.P.S.E.U. (Therrien) (2008), 173
th
L.A.C. (4) 193, I have decided to grant the request for adjournment pertaining to the two
scheduled hearing dates in November 2011, subject to the following conditions:
1.Six further hearing dates in Sault Ste Marie will be scheduled for available times in
January and February 2012, with the expectation that these dates will enable the
hearings into the Lajoie grievances to be completed. These dates are to be
scheduled in two day hearing blocks.
2.Vice-Chair Lynk has advised both counsel as to his available dates in January and
February 2012. Both counsel are to consult with each other and report back to
Vice-Chair Lynk by the end of the day on Friday, 21 October 2011 with their
agreed-upon dates for the continuation of the Lajoie grievances. If the counsel are
unable to agree upon the six continuation dates, the Board will decide the
continuation hearing dates for January and February 2012.
- 3 -
3.If the Grievor or the Union have acquired verifiable costs as a result of this
adjournment that are within the range of costs recognized by the arbitral caselaw,
the Union may present its claim on the matter of costs when closing arguments are
being presented at the end of these hearings.
th
Dated at Toronto this 17 day of October 2011.
Michael Lynk, Vice-Chair