HomeMy WebLinkAbout2011-2308.Union.12-01-20 DecisionCrown Employees
Grievance
Settlement Board
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Commission de
règlement des griefs
des employés de la
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Toronto (Ontario) M5G 1Z8
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GSB#2011-2308
UNION#11-38
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Canadian Union of Public Employees - Local 1750
(Union) Union
- and -
The Crown in Right of Ontario
(Workplace Safety and Insurance Board) Employer
BEFORE Daniel Harris Vice-Chair
FOR THE UNION Jim Morrison
Canadian Union of Public Employees - Local
1750
National Staff Representative
FOR THE EMPLOYER Michael Smyth
Heenan Blaikie LLP
Counsel
HEARING December 19, 2011.
- 2 -
Decision
[1] This is a Union grievance which takes issue with the implementation of the flex-time
language of the collective agreement. It came on for hearing on December 19, 2011. At
that time the parties entered into discussions regarding the management of this case as
well as the individual grievances that have arisen related to the implementation of the
flex-time language.
[2] First, it was agreed that I would take jurisdiction over the individual grievances. At
present there are some 147 such grievances. The following is the process by which these
cases will be heard.
[3] Any individual grievance relating to flex-time will initially go to a first step meeting in
the normal course. That will permit an exchange of views on the subject and provide for
the identification of any grievances that are related to the flex-time issue.
[4] If the grievance is not resolved at the first step, it will be referred to the GSB to be heard
by me. The parties will identify the grievance as such so that GSB staff can make the
necessary arrangements. If the parties agree that the issues in any particular grievance
are entirely encompassed by the issues in the policy grievance, they will refer the
grievance to the GSB to be held in abeyance pending the outcome of the policy
grievance. Absent such agreement, if the matter comes before me and I determine that
the issues are entirely encompassed by the policy grievance, I will adjourn it pending the
outcome of the policy grievance. Where a matter contains individual and policy issues,
the individual issues will go forward as set out below.
[5] All individual issues relating to the implementation of the flex-time language will be
heard where practicable, at the work location of the grievor. It is to be expected that
more than one grievance will be heard in a day, and the parties should be prepared to hear
as many in a row as is possible.
[6] No later than two weeks prior to the hearing, the Union will provide to the employer a
will-say statement from the grievor, and any other witnesses, along with any documents
upon which it will rely.
[7] At the hearing, the Employer may cross-examine the maker(s) of the will-say statements
and provide any viva voce evidence it requires. The parties will have the right to redirect
examination of its witnesses and cross-examination of the opposite party's witnesses.
Both parties will be able to make brief submissions.
[8] The Decisions of the Board may be oral or written as is appropriate. There will be
internal consistency in the Decisions, but there will be no general precedential value
beyond the group of individual grievances.
- 3 -
[9] Any concerns or modifications to the process may be addressed by teleconference call.
[10] The policy grievance will continue to be heard in parallel proceedings. We will schedule
five days at this juncture. One single day followed by successive two-day blocks. Those
dates will be scheduled through the GSB staff, as will any dates set for the hearing of the
individual grievances. The parties will be responsible for arranging suitable hearing
space where the matters are heard on location.
Dated at Toronto this 20th day of January 2012.
Daniel Harris, Vice-Chair