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HomeMy WebLinkAbout1998-0157.Holmes.00-10-16 Decision o NTARW EMPU) YES DE LA COURONNE CROW"! EMPLOYEES DE L '()NTARW GRIEVANCE COMMISSION DE . . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396 GSB #157/98 OPSEU #98A354 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc ServIce Emplovees Uruon (Holmes) GIievor - and - The Crown III RIght of Ontano (Mimsm of the SohcItor General and CorrecTIonal ServIces) Employer BEFORE M. Saltman Vice ChaIr FOR THE Nelson J Roland, Counsel GRIEVOR Bamster & SOhCItor FOR THE Chnstopher Jodhan, Counsel EMPLOYER Legal ServIces Branch Management Board Secretanat HEARING October 2, 2000 INTERIM AWARD The Gnevor III thIS case, Dene Holmes, claims that he was unJustly dIsmIssed. At the concluslOn of the Employer's case, the Umon brought a motIOn for non-SUIt, claimIng that the Employer had faIled to establIsh a prima facie case on all of the elements that were essentIal to the grounds for dIsmIssal In accordance vvIth the Board's usual practIce, the Umon was allowed to argue ItS motIOn WIthout beIng put to ItS electIOn as to whether or not to call eVIdence The Board has conSIdered thIS matter carefully and decIded that the motIOn for non-SUIt must be dIsmIssed. In accordance WIth the Board's procedure set out In Faler 218/89 there wIll be no reasons gIven for the Board's decIslOn on thIS matter The heanng wIll be reconvened on ItS ments on November 10 2000 The Board wIll remaIn seIzed untIl the gnevance IS finally resolved. Dated at Toronto thIS 16th day of October 2000 ~ Maureen K. Saltman, Vice-Chair