HomeMy WebLinkAbout1978-0176.Girimonte.80-05-09THE CROWN EMPLGYZES COLLECTIVE BARGAINING ACT
,THE GRIEVANCE SETTLE:,!ENT BOARD
IEj THE KATTER OF AN ARBITmTION
BETKEEN: A. GIRIMONTE, ,. Grievor
THE KWISTRY. OF CO!&UNITY AND SOCIAL SERVICES,
Enp!.oy~:r
Before :J.F.W. Weatherill, Chairmn
H. Weisbach, Metier
E.R. O'Kelly
R. Nabi'for the Ontario Public Service Employees Un ion
R:>lcCully for the employer
Heard at Toronto, April 30, 1980.
There are before the Board two grievances, the first
filed on June 29, 1978 and the second on August 15, 1978,
relating respectively to the suspension and the discharge of
the grievor.
.At the outset of the hearing, the representative of the
union advised that the grievor had, on the night before the
hearing, instructed him to withdraw the grievances. Counsel
for the employer did not object to:-.that. The grievances are,
therefore, withdrawn.
Counsel for the employer did indicate that the employer
had been put to considerable expense, and that witnesses had
been seriously inconvenienced so as to be able to proceed. It
was suggested that theunionmight in the circumstances, be charged
with costs. While we share the employer's concern with the
last-minute withdrawal of a grievance in such circumstances, it
is our view that the Board does not have jurisdiction to award
costs. Neither.a collective agreement nor the Crown Employees
Collective Bargaining Act confers such jurisdiction. We do
not consider that the provision in section 18(a) (8) of the Act
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that the Board "shall determine its o~wn practice land procedure"
confers'on the Board jurisdiction to award costs.
These proceedings are, accordingly terminated.
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BATED AT TORONTO, this ? day of May, 1980,
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Member
Member