HomeMy WebLinkAbout2012-4123.Chaudhary.14-03-06 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#2012-4123
UNION#2012-0649-0035
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Chaudhary) Union
- and -
The Crown in Right of Ontario
(Ministry of Natural Resources) Employer
BEFORE Gordon F. Luborsky Vice-Chair
FOR THE UNION Richard Blair
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Ministry of Government Services
Legal Services Branch
Counsel
HEARING March 5, 2014
- 2 -
Decision
[1] The parties agree that I am properly seized of a grievance alleging, among other things,
contravention of the Employer’s Workplace Discrimination and Harassment Policy (WDHP)
based on origin, sex and ethnic origin and sexual orientation.
[2] At the first day of proceedings into this matter, the parties with my assistance devised a
“protocol” for marshalling their further discussions and evidence, with the objective of either
resolving the dispute themselves or exchanging sufficient information and documentation to put
the parties in a position to proceed efficiently with a hearing on the merits of the dispute.
[3] I therefore confirm the parties’ protocol as an order of this board of arbitration, as
follows:
a) The Employer will advise the Union on aspects of the Union’s current settlement
proposal that are agreeable and/or require modification (and details of such
modification) by April 7, 2014;
b) Failing resolution of the grievance by that point, the parties will exchange particulars
and make requests for documentary disclosure by May 12, 2014;
c) Arising out of the foregoing, the parties will make documentary disclosure to each
other, as applicable, by June 13, 2014;
d) Following disclosure, the parties will identify any issues respecting the sufficiency of
particulars and/or disclosure, and in the event they are unable to agree on such
matters, they shall schedule a telephone conference with me, to occur (subject to
mutual agreement to the contrary) by July 30, 2014;
e) Assuming the parties have not resolved the grievance by that date, the parties will,
also by the telephone conference contemplated above, advise me of (a) the number of
witness and their names; (b) the number of hearing days anticipated; and (c) they will
be prepared to canvass with me dates for the continuation of the formal hearing
accordingly;
f) Notwithstanding the foregoing, August 21, 2014 will be set for commencing the
formal hearing and/or completing the mediation process.
- 3 -
[4] In accordance with the forgoing protocol I shall remained seized and will be available by
way of telephone conference to resolve any difficulties related to compliance with the terms
herein.
Dated at Toronto, Ontario this 6th day of March 2014.
Gordon F. Luborsky, Vice-Chair