HomeMy WebLinkAbout2012-0209.Blacquiere et al.14-06-23 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# 2012-0209; 2012-0210; 2012-0211; 2012-0212; 2012-0213; 2012-0214; 2012-0215;
2012-0216; 2012-0217; 2012-0218; 2012-0219; 2012-0220; 2012-0221;
2012-0232; 2012-0498; 2012-0574; 2012-0575; 2012-0577; 2012-0633
UNION# 2012-0530-0009; 2012-0530-0010; 2012-0530-0011; 2012-0530-0012; 2012-0530-0013;
2012-0530-0014; 2012-0530-0015; 2012-0530-0016; 2012-0530-0017; 2012-0530-0018;
2012-0530-0019; 2012-0530-0020; 2012-0530-0021; 2012-0530-0022; 2012-0517-0021;
2012-0530-0033; 2012-0530-0034; 2012-0530-0036; 2012-0530-0039
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Blacquiere et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Christopher Albertyn Vice-Chair
FOR THE UNION Eric del Junco
Barrister and Solicitor
FOR THE EMPLOYER Suneel Bahal
Ministry of Government Services
Legal Services Branch
Counsel
HEARING May 13, 2014
2
Decision
[1] This decision sets out the procedure for the further conduct of the case.
[2] The decisions ultimately to be issued in this matter will record that the case has
been conducted under Article 22.16, the parties’ expedited procedure, though
reasons will be provided for the conclusions reached.
[3] The union has provided a statement dated April 6, 2014 setting out the facts on
which it seeks to rely. The employer will provide a statement setting out the facts
on which it seeks to rely by June 30, 2014. The union may file any reply by
August 31, 2014.
[4] The determination of liability will be bifurcated from the determination of remedy.
Liability
[5] The issue to be determined in the first instance, the threshold issue, is the
following:
i. On the assumption that an enhanced employer response would
have ameliorated some harm to the grievors occasioned by the
press statements published on March 5 & 6, 2012, given all the
relevant circumstances, did the employer’s failure to respond,
publicly and/or internally, constitute a breach of the collective
agreement, and/or the Ontario Human Rights Code, and/or a
previous order of the Board?
[6] The issue of liability will be argued on the basis of the statements provided by the
parties in conjunction with any agreed upon documents.
3
Remedy
[7] This description of the issue expressly leaves over for later determination the
following issues:
a. the extent of harm suffered by any grievor;
b. the apportionment to the employer of blame for any harm; in other words,
the likely impact of any amelioration by an enhanced employer response,
internal or external, compared to the impact of the press statements
themselves, in the absence of any union response.
[8] In accordance with the agreed bifurcation, each party reserves all rights as to
disclosure of information, production, and the conduct of the case with respect to
the issues left over for later determination. Procedural arrangements will need to
be made for this second phase, if the union is successful on the threshold issue
described above.
[9] The Registrar will liaise with the parties to arrange a hearing date to hear the
threshold issue.
Dated at Toronto, Ontario this 23rd day of June 2014.
Christopher Albertyn, Vice-Chair