HomeMy WebLinkAbout1999-0583.Abrams.01-04-18 Decision
ONTARIO EMPLOYESDE LA COURONNE
CROWN EMPLOYEES DE L 'ONTARIO
GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONE/TELEPHONE. (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB#0583/99, 0584/99
UNION#99B656, 99B657
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between. OPSEU Grievor
(Abrams)
- and -
The Crown In RIght of Ontano
(MInIstry of Health and Long-Term Care) Employer
Before: Owen V Gray Vice-Chair
For the Griever- Nelson Roland
Counsel
For the Employer- Len Hatzls
Counsel
Management Board Secretanat
Hearing. Apnlll, 2001 (by conference call),
supplemental submlsslOns by e mall
Apn114, 16 and 17
DECISION
[1] The employer umon and gnevor are f.ngnatones to a Memorandum of
Settlement dated December 2 1999 by whIch they appeared to settle the gnev
ances m GSB FIles 0583/99, 0584/99 and 1588/99 as well as an unfaIr labour
practice complamt then before the OLRB and a clmm then before the WSIB
Paragraph 5 of that memorandum saId that "The Parties that [SIC] VIce-chaIr
Owen Gray remam seIzed of the ImplementatIOn of the terms of tills Merm-
randum of Settlement"
[2] In a letter of November 2, 2000, captIOned (m part) "OPSEU v MOR,
OPSEU #s 99B656-657 - GSB #s 0583/99 0584/99, ABRAMS, Gml", umon
counsel wrote to the GSB that "[t]he umon requests that the above-noted
matter be set down for hearmg before Owen Gray as soon as possible and
that the hearmg be held m Wmdsor" A hearmg was scheduled for Monday,
Apnl 23, 2001
['3] At the request of the employer, a hearmg by conference call was
scheduled for and held on Apnl 11, 2001 Counsel for the umon and the em-
ployer particIpated, as dId DavId DeluzIO I was advIsed that Mr DeluzIO IS
counsel for the gnevor, Gall Abrams, m unfmr labour practice proceedmgs
agamst the umon now pendmg at the OLRB, concermng the umon's repre-
sentatIOn of the gnevor m these gnevances, mcludmg the negotiatIOn of the
Memorandum of Settlement.
[4] After the telephone conference I exchanged e-mml messages wIth all
three counsel. Temptmg as It IS to trace the course the matter took, the only
commumcatIOn that remams of sIgmficance for purposes of thIS tribunal IS
the last one, an e mml to me from umon counsel of Apn117, 2001
2
Further to your e-mail dated Monday April 16 2001 the Umon confirms
that It agrees WIth the Employer as stated m the second paragraph that the
Umon IS content to have me [you] slluply cancel the heanng scheduled for
next Monday wIthout makIng any award wIth respect to the meamng of the
last sentence of paragraph 4 of the Mmutes of Settlement on the basIs that
there IS no chspute between the employer and the umon about the meanIng of
that prOVISIOn. In the alternatIve the Umon will be opposmg the standmg of
the gnevor at the heanng.
Although Mr DeluzIO had Raid he would requeRt Reparate Rtarrehng on lEhalf of
the gnevor at the hearmg requeRted by the umon, that waR m reRponRe to the
proRpect that the umon would Reek a bmdmg declaratIOn that the dIRputed pro
VIRIOn meanR what the umon and employer agree It meanR and not what the
gnevor RaYR It meanR HIR prnnary pORltIOn on behalf of the gnevor waR that the
OLRB waR the appropnate forum for reRolutIOn of the gnevor R dIRpute wIth the
umon and employer concermng the Memorandum of Settlement
[5] There bemg no outRtandmg requeRt that I grant any relIef wIth reRpect to
the Memorandum of Settlement (arreI, thuR no reaRon to conRlder whether the
gnevor IR entItled to Rtandmg to oppORe Ruch a requeRt) I have dIrected that the
hearmg Rcheduled for Apnl2'3 2001 be cancelled
Dated at Toronto thIR 18th day of Apnl, 2001
~V:~
Owen V (~ray VIce-Chair
'3