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HomeMy WebLinkAbout1990-1640.Porter.91-06-20 ~ ' ': ; ONT~;O EMPLO~'£$ Df LA COu.~ONNE GRIEVANCE C~MMISSiON DE SE~LEMENT REGLEMENT . BOARD DES GRIEFS r~O OUNOA~ STREET WEST, ~tTE 21~, TO~ONTO, ONTA~, MSG ~Z~ ~ELE~O~E/TELE~O~E- 1640/90, [641/90, 428/90 IN THE I~TTER OF ~8ITRA?XON Under THE CRO~N F~fPI~YEES COLLECTIVE B~G~ININ~ ~CT T~ GRIEV~CB BETT~~ BO~ OPSEU (Porter) ~rievor - mn~ - The Crown in Right of Ontario (Ministry of Skills Development) Employer B~B~ORB: S. Stewart Vice-Chairperson W. Rannachan Member D. Clark Member FOR T~ M. Doyle GR[~VO~ Counsel Ryder, Whitaker, Wright & Chapman. Barristers & Solicitors FOR TIIE C. Peterson EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors THIRD ~RT~ A. Bryant HEARIN~ May 24, 1991 DECISION The hearing in this matter was convened to deal with the September 17, 1990 grievance of Ms. $. Porter. in that grievance Ms. Porter alleges that she should have been awarded a OAG ~6 position in a job competition. At the time of the competition Ms. Porter was not a member of the classified service. The successful applicant, Ms. A. Bryant, was notified of this proceeding and her right to participate in the hearing by letter dated April 30, 1990. Ms. Bryant was in attendance at the hearing. Ms. Bryant advised the Board that she was pursuing the matter of retaining counsel and wished to have an opportunity to continue to pursue this matter. Mr. Peterson advised the Board that he had recently become aware of two other grievances filed by Ms. Porter that are currently before the Grievance Settlement Board. These grievances have not yet been scheduled for hearing. One of these grievances, (GSB File Number 428/90), alleges that the grievor's status should have been that of a classif, ied employee. In the other grievance, (GSB File Number 1641/90), Ms. Porter alleges that she was unjustly dismissed. The latter grievance was filed at the expiry of Ms. Porter°s last contract with the Employer. Counsel were in agreement that it would be practical and expeditious to order the consolidation of these three grievances. The Panel was also of the view that a consolidation of the three grievancs was. appropriate. Mr. Peterson stated that he was not in possession of all of the relevant material relating tO the two other grievances and because he had only just become aware that an issue of the grievor's status had been raised, he was ' not in a position to deal with this matter. Accordingly, he requested an adjournment. Ms. Doyle did not dispute that Mr. Peterson would be prejudiced if he were forced to deal with the matter of Ms. Porter's status. However, she supported the Board's suggestion that the Union adduce the evidence of its first witness in'chief and then adjourn so that Mr. Peterson could obtain information about the relevant facts prior to cross-examination. While this apprOach would have accomodated Mr. Peterson's concerns, it was apparent that the hearing would not make considerable progress on the half day that had been scheduled for the hearing. While Ms. Bryant had some opportunity to retain counsel, the length of notice that she has received of this hearing was not considerable. If she does obtain counsel there would be some disadvantage if her counsel did not have an opportunity to hear the evidence of the Union's first witness in chief. Weighing this factor in light of the fact that only limited progress on this case could be made in any event, the hearing was adjour ned. It is hereby ordered that GS8 files 1640/90, 1641/90 and 428/90 be consolidated for hearing. As this Panel did not hear any evidence it is not ~eized with the grievances. The hearing is to be scheduled by the Registrar in consultaion with the parties. Dated at Toronto, this2othday of June, 1991 S.L. Stewart - Vice-Chairperson W. Rannachan - -Member ., D. M. Clark - Member