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HomeMy WebLinkAbout2013-1225.Arista.14-05-09 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#2013-1225 UNION#2012-0546-0085 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Arista) Union - and - The Crown in Right of Ontario (Ministry of Finance) Employer BEFORE Ken Petryshen Vice-Chair FOR THE UNION Lesley Gilchrist Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Benjamin Parry Ministry of Government Services Legal Services Branch Counsel HEARING May 7, 2014 - 2 - Decision [1] In a grievance dated February 21, 2012, Mr. P. Arista claims that the Employer contravened the Collective Agreement when “Extra vacation days carried forward to 2012 due to the fact that the WIN error was not resolved until Feb. 2012.” The remedy the Union seeks is 3.5 days vacation pay for Mr. Arista. The grievance was referred to arbitration by the Union on July 2, 2013. [2] There is no dispute that the grievance was not referred to arbitration within the mandatory time limits set out in the Collective Agreement. The Employer takes the position that the late referral means that the GSB is without jurisdiction to hear and determine the grievance. The Union takes the position that the circumstances should compel the Board to hear the merits of the grievance. [3] The arbitral jurisprudence is clear that an arbitrator does not have the jurisdiction under section 48(16) of the Labour Relations Act to extend the time for an untimely referral to arbitration. The same result can be found in GSB decisions. See, OPSEU (Johnston) and Ministry of Attorney General (2010), GSB No. 2009-1147 (Dissanayake); OPSEU (Goring) and Ministry of Community Safety and Correctional Services (2010), GSB No. 2008-1661 et al. (Briggs); and, OPSEU (Nitsotolis) and Ministry of Government Services (2013), GSB No. 2012-1337 et al. (Nairn). - 3 - [4] The case law compels me to conclude that I do not have the jurisdiction to hear and determine this grievance given the untimely referral to arbitration. Accordingly, the grievance filed by Mr. Arista dated February 21, 2012, is hereby dismissed. Dated at Toronto, Ontario this 9th day of May 2014. Ken Petryshen, Vice-Chair