HomeMy WebLinkAbout2011-3097.Charbonneau et al.12-07-18 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2011-3097, 2011-3098, 2011-3099, 2011-3100
UNION#2011-0453-0001, 2011-0453-0002, 2011-0453-0003, 2011-0453-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Charbonneau et al) Union
- and -
The Crown in Right of Ontario
(St. Lawrence Parks Commission) Employer
BEFORE Nimal Dissanayake Vice-Chair
FOR THE UNION Peggy Smith
Peggy E. Smith Law Office
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Peter Dailleboust
Ministry of Government Services
Labour Practice Group
Counsel
SUBMISSIONS July 17, 2012.
- 2 -
Decision
[1] The Board is seized with grievances filed by Ms. Brittney Charbonneau, Ms. Kelly Crites,
Ms. Chelsey Schell and Mr. Andrew Tulett. The grievances were scheduled for arbitration
on July 16, 2012.
[2] In advance of the hearing date the employer served notice on the union that at the hearing it
would be making a motion to the effect that the Board was without jurisdiction to deal with
the grievances. In the circumstances, the scheduled hearing was adjourned on agreement of
the parties.
[3] Subsequently, on agreement the parties submitted to the Board the relevant facts and material
and requested that the jurisdictional issue be determined on the basis of those submissions.
The parties had agreed that in the event the grievances are dismissed, the employer would
provide each grievor with a letter of employment.
[4] Having regard to the facts and the material, the Board concludes that the grievances before it
are inarbitrable and it has no jurisdiction to deal with them. In the result, the four grievances
are hereby dismissed.
Dated at Toronto this 18th day of July 2012.
Nimal Dissanayake, Vice-Chair