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HomeMy WebLinkAbout1989-1088.Chalmers et al.90-03-02~?? : ONTARIO EMPL OY~'$ DE LA COURONNE · CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT 180 DUNDAS STREET WEST, TORONTO, ONTARIO. MSG 1Z8- SUITE 2'/O0 TELEPHONE/T~L~-PHONE ;'80, RUE DUNDAS OUESF, TORONTO, (ONTAR/OJ MSG IZ8 - BUREAU 2100 1088/89 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Chalmers et al) Grievor - and - The Crown in Right of Ontario (Ministry of Health) Employer BEFORE: M.B. Keller Vice-Chairperson J. McManus Member F. Collict Member FOR T~E J. Miko GRIEVOR: Job EvalUation Officer Ontario Public Service Employees Union FOR THE M. Farson EMPLOYER: Counsel Fraser & Beatty Barristers & Solicitors HEARING: January 25, 1990 -2- I~IM DECISION At the outset of the hearing into this matter, counsel for the grievors sought an adjournment. The request was objected to by the employer. After hearing the representations of the parties, the Board granted the adjournment subject to the grievors not seeking interest should they ultimately be successful. The Board indicated it would give brief reasons in writing for its decision The grievors allege that they are not being paid at the proper salary rate and that is the matter to be determined by the Board should the parties return before it. This matter, however, has its genesis in an award issued by a Board chaired by Arbitrator Maureen Saltman (April 11, 1989) in which the Board established salary ranges for the Psychometrist Class series. The Saltman board remained seized in the event difficulties arose in the implementation of their award. As things turned out, the. issue before this Board was also raised with the Saltman Board which was to hear the parties the day following the sitting of this Board. The request for adjournment, simply put, was that depending on what happens before the Saltman Board, the matter in front of us may become moot. The further arguments raised were that by deferring to the Saltman Board, we ensure no inconsistent result, and that the Saltman Board is in the best position to interpret its own award. 3 The employer took the position that it is this Board that is to determine grievances flowing from the Act and not the Saltman Board. It is also argued that the Saltman Board may decline jurisdiction, or may find that it has no jurisdiction to determine the matter in front of it. The Board was referred to various decisions indicating the reluctance of the board to grant adjournments. After considering the arguments of the parties the Board, as indicated above, granted the adjournment. We are fully aware of and strongly endorse previous decisions of this board dealing with adjournments. They are based on sound policy and administrative considerations. That is not to say, though, that all requests for adjournment will be summarily rejected. It is incumbent on the Various panels of the board to inquire into the reasons for which the adjournment is sought. When those reasons are compelling, the request should normally be granted. What is compelling will obviously turn on the precise reasons given. In the instant case, there can be no doubt that the issue in front of this Board, and the one to be heard by the Saltman Board the next day were essentially the same. It makes practical sense that a panel, having once dealt with the issue, and having retained its jurisdiction, should be given the opportunity to first deal with the matter. It may well be that the Saltman Board declines to deal with the issue, but that is a matter for them to determine and at which we are not competent to guess. We were further persuaded to grant the adjournment because of the proximity in time between this -4- hearing and the one before the Saltman Board. Given that this matter, if we are to hear it will take some time to complete, and given the condition attached by us to granting the adjournment, no prejudice is suffered by the employer by our decision. Indeed, if the Saltman Board does resolve the issue, they might benefit. Signed in Nepean, this 2nd day of March, 1990 M.B. KELLER, VICE-CHAIRPERSON / t J. McMANUS, MEMBER F. COLLICT, MEMBER