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HomeMy WebLinkAbout1992-2883.Young.94-12-02 -'" - ~ 1.( ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L 'ONTARIO '-- GRIEVANCE COMMISSION DE 1111 SETTLEMENT . REGLEMENT BOARD DES GRIEFS .- ISO DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARiO. M5G lZS TELEPHONE/TELEPHONE (416) 326-1388 ISO, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G1ZS FACSIMILE /TElECOPIE (416) 326-1396 2883/92,3062/92,3063/92,3202/92,3216/92 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before ITHE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Young) Grievor - and - - The Crown in Right of Ontario (Ministry of Health) I Employer BEFORE: W. Kaplan Vice-Chairperson E SeYmour Member M O'Toole Member \ FOR THE D. Wright GRIEVOR Counsel Ryder Whitaker Wright Barriste~s & Solicitors FOR THE M Quick EMPLOYER Counsel Legal Services Branch ---- -, Ministry of Health HEARING August 12, 1993 February 14, 17, 25, 1994 ,.- April 11, 12, 13, 1994 October 17, 1994 November 1, 1994 r I . \ \ ( , .- 2 \ Introduction ( On November 1, 1994, the hearing in this matter continued in Toronto At ~--- that time, union counsel requested that two of the scheduled continuation dates be convened in Kingston in order to accommodate the grievor's doctor who was expected to give evidence, as well as other Kingston-based witnesses. Employer counsel objected to the request. Th~ Board asked the parties to resolve the matter between themselves. Unfortunately, they were not able to do so, and counsel for both the union and the employer wrote the Vice-Chair of the panel making written submissions in support of \ their respective positions. Copies of these letters were- forwarded to both members, and the Board has now had an opportunity to consider this issue It should be noted at the outset that both the grievor and the employer are I located in Kingston. However, most of the many scheduled hearing days I have been held in Toronto Counsel for the employer takes the position that the forthcoming December hearing dates, some six in all, have long been scheduled for Toronto, and in the result she has made evening and other I pla~s that would preclude travel to Kingston Moreover, employer counsel argues that it would be just as convenient for the expert evidence to be led '- when the Board reconvenes for a large number of hearing dates in the fall of 1995 p For his part, union counsel takes the position that the Board has a longstanding practice, already given effect to several times in this case, of traveling outside Toronto in order to accommodate expert witnesses. In his ,J letter dated November 7, 1994, union counsel wrote that it was "estimated by both Ms. Quick and myself that the evidence of Dr Pettis will take at - least one day with the other doctors to be heard from as well. Other . ....-:-...'.':. T{ -. - I ) r ""' 3 ( .. \> witnesses located in Kingston would easily fill the second day of hearing " In union counsel's submission, there is no reason for the Board to depart ,.- from its usual practice in this case, and the union accordingly requested that two of the forthcoming six days be scheduled in Kingston Decision Having carefully considered the submissions of the parties, and being mindful of the fact that this case has been, for quite a long time, scheduled to proceed in Toronto, ,we are of the view that it would be appropriate to travel to Kingston for one day in order to accommodate the expert witness. The written submissions suggest that this could be accomplished in one day, and the Board will do everything in its power to assist the parties in ensuring that the examination of this witness is completed in one day By traveling to Kingston in these circumstances the Board is giving effect to its longstanding practice of doing what it can to assist and accommodate the parties in the presentation of their case, and is also attempting to achieve a result that will hopefully minimize, if not completely eliminate, the personal inconvenience to employer counsel "\ Accordingly, and for the f~regoing reasons, all of the December hearing dates will continue in Toronto with the exception of December 20th which will proceed in Kingston. ~ "' . - ,> ~ Sf; 4 ( ..;'- DATED at Toronto this 2nd day of December, 1994 {/./~ r \. ------------ William Kaplan I Vice.Chairpers~- --~-- -.------ E. Seymour Member /72-'1 _d1J~ M O'Toole L Member f '\ / .