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HomeMy WebLinkAbout2010-3022.Richards.13-05-09 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#2010-3022, 2011-1094, 2011-1095, 2011-1151, 2011-1160, 2011-1329, 2011-2490 UNION#2011-0719-0018, 2011-0719-0052, 2011-0719-0053, 2011-0719-0054, 2011-0719-0055, 2011-0719-0058, 2011-0719-0072 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Richards/McPhail) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Sheila Riddell Ryder Wright Blair & Holmes LLP Barristers and Solicitors FOR THE EMPLOYER Susan Munn Ministry of Government Services Labour Practice Group Counsel CONFERENCE CALL SUBMISSIONS March 22, 2013. April 4th and April 8th, 2013. - 2 - Decision [1] Barbara Richards and Caley McPhail have filed seven grievances, all of which are before this Board. The grievances allege numerous violations of the Collective Agreement including denial of sick leave, harassment and discriminatory treatment on the basis of gender, sexual orientation, disability, family status and marital status. [2] At the first day of hearing into this matter the parties attempted to resolve the issues through mediation. Those efforts were unsuccessful. One of the complicating factors at that time was that each grievor had also filed complaints with the Ontario Human Rights Commission regarding the discrimination allegations set out above. [3] At the conclusion of the mediation I asked both parties and the grievors to consider agreeing to put the outstanding Human Rights issues before this Board for determination. [4] In a conference call held on March 22, 2013, the Employer said that it was in agreement with all matters including the human rights issues to be part of this litigation. The Union also informed the Board that both grievors and the Union were content that the outstanding human rights issues would be part of the proceedings before this Board. [5] The Human Rights Tribunal has deferred its proceedings pending the results of the matters heard by this Board. [6] The Employer made a request, which was not opposed by the Union, to formalize this agreement in a decision. [7] As discussed in our teleconference, the Union is to fully particularize the human rights issues. [8] The parties have also discussed the possibility of agreeing upon an expedited process. The grievors are presently reluctant to participate in such a process. However, the Employer has expressed an interest in some effort to truncate - 3 - the upcoming litigation. I informed both counsel that I would like to discuss this matter further in an effort to avoid dozens of days of hearing. We will have that discussion after further particulars have been provided. [9] In the meantime, hearing dates are being scheduled. [10] I remain seized. Dated at Toronto this 9th day of May 2013. Felicity D. Briggs, Vice-Chair