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HomeMy WebLinkAbout2014-2613.Langford.15-04-16 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#2014-2613, 2014-2614, 2014-2615, 2014-2616, 2014-2617, 2014-2637, 2014-2638 UNION#2014-0108-0046, 2014-0108-0047, 2014-0108-0048, 2014-0108-0049, 2014-0108-0050, 2014-0108-0053, 2014-0108-0054 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Langford et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Jennifer Richards Treasury Board Secretariat Legal Services Branch Counsel CONFERENCE CALL April 15, 2015 - 2 - Decision [1] The employer has requested an adjournment of the hearing scheduled for April 21, 2015. The reason for the request is that employer counsel is taking up a new position immediately and is forced to transfer this file to new counsel. The union opposes the adjournment due to concerns about the possible delay that could be caused by the change of counsel and cancellation of April 21. [2] After receiving submissions from both counsel by way of conference call today, I have concluded that it is necessary to adjourn the hearing scheduled for April 21. While there is a possibility that an adjournment may delay the final resolution of this case, I must weigh that concern against the concern of fair procedure. It is my view that it would not be appropriate to ask the employer to proceed to call evidence on the April 21 with one counsel, and then to continue the evidence with a different counsel at a later time. This could have the effect of placing the new employer counsel at a disadvantage with respect to any evidence called on April 21. [3] I am advised by Ms. Richards that the employer has given priority to the reassignment of this matter and that the employer is making its best efforts to preserve all subsequent hearing dates. I have also instructed Ms. Richards to advise me and Mr. Holmes as soon as the replacement counsel has been assigned. At that point I will be in contact with the parties to discuss finding an early replacement date for April 21. [4] The hearings will resume no later than July 10, 2015. Dated at Toronto, Ontario this 16th day of April 2015. Barry Stephens, Vice-Chair