HomeMy WebLinkAbout2020-2284.Grievor.24-03-08 DecisionCrown 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# 2020-2284; 2022-7751; 2022-12108;
2022-12111; 2022-12112; 2023-00407
UNION# 2020-0555-0022; 2022-0533-0021; 2022-0533-0035;
2022-0533-0038; 2023-0533-0001; 2023-0533-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(Ministry of Public and Business Service Delivery)) Employer
BEFORE Barry Fisher Arbitrator
FOR THE UNION James Craig
Morrison Watts Hurtado & Buchner
Counsel
FOR THE EMPLOYER Joohyung Lee
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL March 7, 2024
-2 -
Decision
[1] At this Case Conference we dealt with two issues :
1. On November 27, 2023 an order was issued which indicated that unless the
Union provided a list of disputed facts by February 29, 2024, they would be
deemed to have accepted the factual allegations as set out in the various
discipline letters. As no response was received, the facts are now deemed to
be true.
2. In my order of July 11, 2023 I made the following order :
5. In the past, certain individuals involved in this case have contacted
me directly and not through their lawyers. This is not acceptable. This
will not continue. If it does, I reserve the right to sanction the
offending party, which sanction could include the dismissal of one or
more of these grievances.
[2] The Grievor has violated this ruling six times in January and February of 2024 by
copying me on various emails about his various legal disputes.
[3] I warned the Grievor in my order of July 11, 2023 that one of the consequences of
a breach of this order was that I could dismiss one or more of the 6 remaining
grievances.
[4] I should note that the Grievor neither apologized for his actions nor did he promise
to comply with the order in the future.
[5] As such there must be a consequence to his multiple breaches of my order.
[6] I am therefore dismissing the following grievances;
Letter of Reprimand December 1, 2020
1 day suspension June 29, 2022
10 day suspension September 29 , 2022
[7] The following grievances remain active :
15 day suspension December 7, 2022
20 suspension January 22, 2023
Discharge March 31, 2023
[8] This matter will proceed on April 3 and 26, 2024.
Dated at Toronto, Ontario this 8th day of March 2024.
“Barry Fisher”
Barry Fisher, Arbitrator