HomeMy WebLinkAbout2010-2654.Pacheco.17-06-07 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#2010-2654, 2012-0727, 2013-3214, 2014-0350, 2014-3305, 2014-3846, 2014-4854,
2015-0390, 2015-0494, 2015-0495, 2015-0496, 2015-0913, 2015-0914, 2015-0915,
2015-0916, 2015-1310, 2015-1311, 2015-1312, 2015-1313, 2015-1314, 2015-1315,
2015-1316, 2015-1317, 2015-1318, 2015-1319, 2015-1320, 2015-1321
UNION#2010-0234-0283, 2012-0234-0066, 2013-0234-0359, 2014-0234-0061,
2014-0234-0458, 2014-0234-0508, 2015-0234-0030, 2015-0234-0058, 2015-0234-0069,
2015-0234-0070, 2015-0234-0071, 2015-0234-0085, 2015-0234-0086, 2015-0234-0087,
2015-0234-0088, 2015-0234-0108, 2015-0234-0109, 2015-0234-0110, 2015-0234-0111,
2015-0234-0112, 2015-0234-0113, 2015-0234-0114, 2015-0234-0115, 2015-0234-0116,
2015-0234-0117, 2015-0234-0118, 2015-0234-0119
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pacheco) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL June 5, 2017
- 2 -
Decision
[1] I have before me a number of discipline grievances filed on behalf of Mr. J.
Pacheco, including a termination grievance. Some hearing days have been held but
there continue to be a number of outstanding production issues. These outstanding
issues were canvassed before me by counsel at the GSB on June 2, 2017, and during a
conference call on June 5, 2017. I will soon release an interim decision that addresses
some of the production issues while the parties continue to work on resolving the other
remaining production issues.
[2] While dealing with the production issues, I took the opportunity to raise two
other matters with counsel. One was whether additional hearing dates should be
scheduled. The result of that discussion was that additional dates will be scheduled to
hear the grievances. The other matter I raised was whether there was any appetite to
engage in further settlement discussions. Each side indicated that they were always
open to settlement discussions, but only if there was some prospect that such
discussions would be worthwhile. Counsel suggested that I speak to them separately to
ascertain whether further settlement discussions at this stage would be worthwhile.
After discussing this matter separately with each counsel, I am satisfied that there has
been sufficient movement from previous settlement discussions such that it would be
worthwhile for the parties to engage in further settlement discussions. Accordingly, I
advised counsel that I would convert June 22, 2017, from an arbitration day to a
mediation day. I appreciate that there is a reluctance to use scheduled hearing time for
other purposes. However, there were no other timely dates available to conduct a
mediation for this case. The parties agreed that it would be prudent to schedule June
23, 2017, for mediation as well in the event settlement discussions took more than one
day.
- 3 -
[3] Therefore, the Registrar is directed to send an amended notice of hearing to
the parties confirming that June 22 and 23, 2017 are scheduled for mediation as well as
confirming the additional hearing dates of February 6, 7, March 12 and 13, 2018.
Dated at Toronto, Ontario this 7th day of June 2017.
Ken Petryshen, Vice-Chair