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HomeMy WebLinkAbout2010-1825.Warling.16-07-25 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#2010-1825, 2010-2457 UNION#2010-0517-0042, 2010-0582-0060 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Warling) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Susan Munn Treasury Board Secretariat Legal Services Branch Counsel HEARING June 28, 2016 - 2 - Decision [1] Prior to our first scheduled hearing date the parties agreed to consolidate the grievances of two Correctional Officers, Mr. Paul Canavan and Mr. Terry Warling, before this Board. All of their grievances alleged various violations of the collective agreement as the result of the Employer’s implementation of its Attendance Management Program. By agreement the hearing began with the calling of evidence regarding the grievances of Mr. Warling. [2] Unfortunately, Mr. Warling died quite unexpectedly. The parties then made submissions as to how the hearing should proceed. After consideration of the unique facts and submissions of the parties, I am of the view that the grievances of Mr. Warling should be held in abeyance until we have completed the hearing for Mr. Canavan. At the conclusion of the litigation of Mr. Canavan if there remains an outstanding issue that has not yet been addressed by this process, Mr. Warling’s grievances will come back before this Board. [3] This decision is without prejudice or precedent and is as the result of the most unusual facts that surround these grievances. Dated at Toronto, Ontario this 25th day of July 2016. Felicity D. Briggs, Vice Chair