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HomeMy WebLinkAbout2013-3000.Crossfield.14-08-14 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#2013-3000, 2013-3657 UNION#2013-0340-0048, 2013-0340-0060 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Crossfield) Union - and - The Crown in Right of Ontario (Ministry of Finance) Employer BEFORE Dan Harris Vice-Chair FOR THE UNION Laura Johnson Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Roslyn Baichoo Ministry of Government Services Legal Services Branch Counsel HEARING June 26, 2014 - 2 - Decision [1] The Union has filed two grievances on behalf of the grievor, Sandra Crossfield. The first grievance came about as a result of the grievor having run a "water club" on behalf of her fellow employees in which she supplied bottled water for a fee. Concerns were raised about a purported misappropriation of funds. This led to the grievor being suspended with pay while the employer investigated. That suspension lasted 20 months. When the grievor returned to work she received a letter of counsel. The union alleges that the lengthy suspension had a severe effect on the grievor's health, both mental and physical. This led to the first grievance, which was referred to the Board and scheduled for hearing before a different Vice-Chair on July 23, 2014. [2] When the grievor returned to work from her suspension, she was declared surplus. Under the surplusing provisions of the collective agreement, the grievor had a number of options from which she could elect. Her election was to be made by completing a form. There may be a dispute about whether she was provided with the form or had to obtain it herself. She gave the form to the employer two weeks after the deadline within which the form was to have been returned. The employer refused to honor the choices she had made on the form. The union has filed a grievance on her behalf, which was scheduled for hearing before me on June 26, 2014. The union alleges that the grievor was unable to appreciate the importance of returning the form in a timely fashion because of the effects on her of the lengthy suspension. - 3 - [3] On June 26, 2014 the union brought an application to consolidate the two grievances. The employer resisted that application, primarily on the basis that it had not received particulars of the allegations, which it had requested as early as April 22, 2014 from a different OPSEU representative than counsel before me on this consolidation application. It said that OPSEU’s submissions made before me, as to the overlap in the facts between the two grievances, was the first detailed explanation provided to it by the union. [4] Having heard the submissions of the parties, it is my view that there is a sufficient commonality in the facts and legal questions that the two grievances should be heard together. One example is that the union has indicated that it will be calling medical evidence dealing with the grievor's mental and physical health arising from the lengthy suspension, and that such evidence would have been required in each hearing had the two hearings proceeded independently. Hearing the grievances together will avoid inconsistent findings of fact, provide savings and efficiencies procedurally and would not occasion any prejudice to the parties. As the union bears the onus on both grievances, it will proceed first on all issues. [5] I must conclude by saying that had the union responded to the employer's request for particulars, made in April 2014, the need to hear this application may have been avoided. [6] The union is to provide full particulars of the two grievances to the employer, following which the parties are to produce to each other all arguably relevant - 4 - documents. This matter is to be scheduled for hearing by the Registrar, following which the parties are to agree on a schedule for the provision of particulars and production. If there is any dispute as to the requirements of or fulfillment of these orders of the Board, the matter may be scheduled for a further appearance to resolve the same. Dated at Toronto, Ontario this 14th day of August 2014. Dan Harris, Vice-Chair