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HomeMy WebLinkAbout1998-0589.Sindall.00-02-14 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 # 589/98 OPSEU # 98A571 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Uruon (Smdall) GIievor - and - The Crown m RIght of Ontano (Mirusm of the SolIcItor General and CorrecTIonal ServIces) Employer BEFORE Bam B Fisher Vice ChaIr FOR THE John Brewm GRIEVOR Bamster & SolIcItor FOR THE Carol Ann Witt EMPLOYER Counsel, Legal ServIces Branch Management Board Secretanat HEARING Februan 9 2000 AWARD ThIS case anses from the Med/Arb procedure under the CollectIve Agreement. The gnevor seeks mdemnIficatIOn for legal fees WhICh he spent hInng a lawyer m pnvate practIce m respect of a lItIgIOuS matter ansmg from the performance of hIS duty m the workplace There IS no provIsIOn m the CollectIve Agreement provIdmg for a nght to legal mdemmficatIOn. There IS however, a MImstry polIcy (Subject Number ADI 02 03 01 " Payment of Legal Fees ") m WhICh the Deputy MImster, m hIS sole dIscretIOn, can choose to reImburse MInIStry employees who meet certam precondItIOns The posItIOn of the MImstry IS that the Gnevance Settlement Board has no JurIsdIctIOn m thIS matter as there IS no CollectIve Agreement nght to mdemnIficatIOn for legal fees The Dmon dId not make any submIssIOns on thIS tOpIC I find that the Gnevance Settlement Board does not have jUnSdIctIOn m thIS partIcular case, partIcularly smce the gnevor dId not allege that the polIcy was admmIstered m an arbItrary, dIscnmmatory or bad faith manner I will leave It another case and perhaps another VIce Chair to see If the Issue would be dealt wIth dIfferently If there were allegatIOns that the MImstry polIcy was admmIstered m an arbItrary, dIscnmmatory or bad faith manner The gnevance IS hereby dIsmIssed. Dated at Toronto, thIS February 14,2000 Barry B FIsher, VIce Chair