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HomeMy WebLinkAbout2010-0575.Pagnutti.15-07-15 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#2010-0575, 2010-0576, 2010-0577, 2010-0579, 2010-0580, 2010-0581, 2010-2307, 2010-2308 UNION#2010-0234-0112, 2010-0234-0113, 2010-0234-0114, 2010-0234-0116, 2010-0234-0117, 2010-0234-0118, 2010-0234-0270, 2010-0234-0271 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pagnutti) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Nimal Dissanayake Vice-Chair FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Stewart McMahon Treasury Board Secretariat Legal Services Branch Counsel HEARING July 13, 2015 - 2 - Decision [1] At the commencement of the hearing, the Board made certain oral rulings on issues raised by the employer. At the request of the parties, those rulings are set out herein. [2] The Board is seized with a number of individual grievances filed by Ms. Mandy Pagnutti, Mr. Robert Plouffe, Ms. Charlotte Cooper, Mr. Frank Petranovic, Ms. Lisa McIntosh and Mr. Marc Strickland. All of the grievors were at all relevant times employed as correctional officers at the Maplehurst Correctional Complex. In essence, they claim that the conduct of the employer exposed them to a poisoned work environment and damaged their reputation. [3] The union advised the Board that it was withdrawing the grievance filed by Ms. Charlotte Cooper, File 2010-0579. Non-Attendee Grievors [4] Of the remaining grievors, Ms. Pagnutti and Mr. Plouffe were in attendance when the Board convened on July 13 2015, but the other grievors were not. Union counsel did not dispute that all of the grievors had received proper notice of the hearing. He had expected all of them to be in attendance, and did not offer any explanation for their absence. [5] The employer moved that the Board issue an order with respect to the three non-attendee grievors as follows. That they be given a reasonable period of time to advise whether they withdraw their grievances or intend to pursue them. If any grievor fails to respond within the stipulated time, the Board would issue an order dismissing his/her grievances. If any non-attendee grievor advises that he/she intends to pursue his/her grievances, the Board should direct that reasons/explanations be provided for the failure to attend the hearing on July 13, 2015. The employer should be permitted to make submissions, if it so wishes, on the adequacy and reasonableness of those reasons/explanations provided. - 3 - [6] The union counsel took no issue with the employer’s position, except that he submitted that it was not appropriate to include in any order, a reservation of a right for the employer to make submissions as to the adequacy and reasonableness of reasons/explanations provided in a timely manner. [7] Having regard to the respective positions of the parties, and with the goal of making efficient use of the scheduled hearing dates, the Board orders as follows. The absentee grievors or the union on their behalf, shall advise the Board in writing no later than Monday, July 27, 2015, with copy to employer counsel, whether or not they wish to pursue their grievances. If no response is received by July 27, 2015, the Board will issue an order dismissing the grievances of the grievor(s) who fail to respond. [8] If any of the non-attendee grievors advise in a timely manner that he/she wishes to pursue his/her grievance(s) he/she shall include reasons/explanations for the non-attendance at the hearing on July 13, 2015. At the time such reasons/explanations are provided, the union shall advise the Board (again with copy to employer counsel) whether in light of those reasons/explanations, it wishes to take the position that the grievances in question ought not be summarily dismissed. Within three days of the date of receipt of advice by the union to that effect, the employer shall advise the Board whether it agrees, or whether it takes the contrary positon that the grievances in question should be dismissed, notwithstanding the reasons/explanations provided. In the latter event, the Board will receive submissions by way of a teleconference in advance of the next scheduled hearing date of September 9, 2015, and rule upon the matter. [9] Additional Particulars The union has provided the employer with particulars dated October 3, 2014, and June 15, 2015. On July 9, 2015 employer counsel wrote to union counsel identifying a number of areas, which in his view, were deficiencies in the - 4 - particulars thus far provided. Employer counsel requested that the Board order that the union remedy those deficiencies by providing additional particulars. [10] Having regard to the positions of the respective parties the Board directs that the union gather and provide to the employer, the additional particulars as requested in the employer counsel’s communication dated July 9, 2015, and that this be done no later than Monday July 27, 2015, unless mutually agreed to otherwise. [11] Subject to the foregoing, the Board remains seized. This proceeding shall continue on the dates scheduled. Dated at Toronto, Ontario this 15th day of July 2015. Nimal Dissanayake, Vice-Chair