HomeMy WebLinkAbout2001-1636.Zarolia.03-06-10 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 1636/01
UNION# 02F009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(ZarolIa) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of Health and Long-Term Care) Employer
BEFORE Loretta Mikus Vice-Chair
FOR THE UNION Enc Adams
Pall are Roland Rosenberg RothensteIn LLP
Counsel
FOR THE EMPLOYER Sunee1 Bahal
Counsel
Management Board Secretanat
HEARING June 6 2003
2
AWARD
At the commencement of the heanng In the above noted matter an Issue arose concermng the
attendance of two Umon stewards from the local umon. More precIsely an Issue arose about the
contInued presence of these stewards dunng the days to come and about who should pay for theIr
attendance If It IS determIned they should be present.
The collectIve agreement between the partIes allows for the assIstance of a Umon officIal at
vanous stages of the gnevance procedure and dIctates whether the tIme off reqUIred to do so IS
paid by the employer ArtIcle 22 - Gnevance Procedure - states, In part, as follows
225 The employee at hIS or her optIOn, may be accompamed and represented by a
Umon representatIve at Stage Two of the gnevance procedure
22 6 1 An employee who IS a gnevor or complaInant and who makes applIcatIOn,
through the Umon, for a heanng before the GSB or the Ontano Labour
RelatIOns Board (OLRB) shall be allowed leave of absence wIth no loss of pay
and wIth no loss of credIts, If reqUIred to be In attendance by the Board or
Tnbunal ArtIcle 226 1 shall also apply to pre-heanngs, medIatIOn/arbItratIOn
or medIatIOn under auspIces of the GSB or OLRB/
226.2 An employee who has a gnevance and IS reqUIred to attend meetIngs at Stage
One and Two of the gnevance procedure shall be gIven tIme off wIth no loss of
pay and wIth no loss of credIts to attend such meetIng.
2263 ArtIcle 226.2 shall also apply to the Umon Steward who IS authonzed to
represent the gnevor at Stage Two of the gnevance procedure
There IS no other provIsIOn allowIng for the attendance wIth or wIthout pay ofUmon Stewards at
arbItratIOn heanngs The Umon takes the posItIOn that I have the JunsdIctIOn to order theIr
attendance If I am of the VIew that they are necessary to the proceedIngs The Employer takes the
posItIOn that at thIS stage of the proceedIngs she IS represented by counsel and the presence of the
two stewards IS unnecessary In the alternatIve It submItted that If! were InclIned to accede to the
Umon's request, I should lImIt the order to one steward, not both.
3
AssumIng for now that I do have the authonty to do so whIch I do not concede, whIle I apprecIate
that these Umon Stewards have assIsted the gnevor throughout the proceSSIng of her gnevance and
each have partIcular InformatIOn concermng the gnevance I am not persuaded theIr attendance IS
reqUIred to ensure a full and fair heanng.
The gnevor IS now represented by counsel who wIll have carrIage of the gnevance throughout
the final stages of the process He has sufficIent tIme to consult WIth these stewards to prepare
hIS case If, In prepanng for heanng, he decIdes that the attendance of one or both of the
stewards IS necessary there are steps he can take to ensure theIr attendance
The partIes have put theIr mInd to the sItuatIOns In whIch a Umon Steward IS to be allowed tIme
of wIth or wIthout pay to represent theIr members I am not prepared to expand theIr collectIve
agreement by addIng provIsIOns they dId not themselves Include
The Umon's request for an order IS therefore demed.
Dated thIS 10th day of June, 2003
JJ,.
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Loretta Mikus, Vice-Chair