HomeMy WebLinkAbout2002-0569.Samsone.03-06-24 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# 0569/02, 0969/02
UNION# 02C696, 02C697, 02A714
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Samsone) Grievor
- and -
The Crown in Right of Ontario
(Ministry of Public Safety and Security) Employer
BEFORE Marilyn Nairn Vice-Chair
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Doyle
Barristers and Solicitors
FOR THE EMPLOYER Greg Gledhill
Staff Relations Officer
Ministry of Public Safety and Security
TELEPHONE
CONFERENCE CALL
June 23, 2003.
2
INTERIM AWARD
These matters are scheduled to continue on July 10, and August 20, 21, and 22, 2003. By letter
dated June 19, 2003 the Ministry has requested an adjournment of those days. The reason for
the adjournment is that Mr. Roy, who had carriage of the matter for the Ministry, is leaving the
Ministry and will be unable to continue to represent the Ministry. Having canvassed the
schedules of his colleagues and counsel at Management Board Secretariat, there is no one
available to continue the matters on the days currently scheduled.
On June 23, 2003 I convened a telephone conference call to hear the submissions of the parties
with respect to the request for an adjournment as the union opposed the request.
Two issues underlie the grievances. The first is a conversion issue. The second is an allegation
of harassment and discrimination. The conversion issue has a timely aspect to it as the
employer has made a commitment to convert four positions out of the Whitby jail (where the
grievor was working) by the end of July 2003. The harassment and discrimination issues arise
out of the grievor's employment at Whitby and Millbrook and are largely focused on a specific
period of time.
Having heard the representations of the parties I directed the employer to provide to union
counsel and to the Board by no later than Tuesday, July 8, 2003 two things, first, the
Ministry’s position and information regarding the factual basis of the grievor’s claim regarding
hours of convertible service and his seniority in relation to other persons who might claim to be
eligible to be converted, including any period where the grievor was absent from work and is
claiming recognition of those hours by virtue of the second grievance. Second, I also directed
the employer to provide the Board with the name of its representative who will be taking
carriage of these files.
Upon receipt of that information I will deal with the request for an adjournment.
Dated at Toronto, Ontario this 24th day of June, 2003.
Marilyn A. Nairn, Vice-Chair.