HomeMy WebLinkAbout2016-0882.Drury et al.17-03-22 Decision
Crown 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#2016-0882, 2016-0883, 2016-0884, 2016-0885, 2016-0886
UNION#2016-0201-0009, 2016-0201-0010, 2016-0201-0011, 2016-0201-0012,
2016-0201-0013
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Drury, Bryan et al) Union
- and -
The Crown in Right of Ontario
(Minister of Finance) Employer
BEFORE Diane L. Gee Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING March 16, 2017
- 2 -
Decision
[1] This matter concerns identical grievances filed by Bryan Drury and four others
(the “grievors”). The grievors are employed by the Ministry of Finance in the Tax
Clients and Benefits Division as Inspectors. The grievances contain the following
Statement of Grievance:
I grieve that the employer has violated my rights under Article 9
(Health & Safety) and Article 2 (Management Rights) by refusing to
implement a [sic] immediate-response, two-way Radio system as a
safety option for TRIP single inspections.
[2] This matter was scheduled for mediation/arbitration on March 16, 2017. At that
time, the employer asked for the Union’s position as to who would be on the
receiving end of the two-way Radio system and the Union indicated that it would
provide the Employer with a response. The Union indicated that it was in the
process of collecting particulars in addition to those provided to the employer the
previous day. Such particulars were not yet available. The employer raised a
concern as to the temporal scope of the evidence that the Union appeared to rely
upon and indicated that, should the evidence go back more than three years, an
objection would be made.
[3] Having regard to the issues raised, I orally made the following orders at the
mediation and hereby confirm same:
i. The Union is ordered to provide in writing to the Employer, no
later than April 26, 2017, full particulars relied upon in support
of the grievances.
ii. The Union is ordered to provide to the Employer, no later than
April 26, 2017, a copy of all documents in its possession or
control that are arguably relevant to the issues in dispute.
iii. Following receipt of the particulars from the Union, the
Employer is ordered to advise the Union, no later than 30 days
in advance of the next date scheduled, as to any issue(s)
arising out of the particulars that it intends to raise as a
preliminary matter.
[4] This matter is referred to the Registrar of the Grievance Settlement Board in
order to schedule this matter for a further hearing date.
Dated at Toronto, Ontario this 22nd day of March 2017.
Diane L. Gee, Vice-Chair