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HomeMy WebLinkAbout2002-0569.Samsone.03-07-09 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# 0569/02,0969/02 UNION# 02C696 02C697 02A714 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Samsone) Grievor - and - The Crown In RIght of Ontano (Mimstry of PublIc Safety and Secunty) Employer BEFORE Manlyn Nairn Vice-Chair FOR THE UNION Tim Hanmgan Ryder Wnght Blair & Doyle BarrIsters and SOlICItorS FOR THE EMPLOYER Greg GledhIll Staff RelatIOns Officer Mimstry of PublIc Safety and Secunty 2 INTERIM AWARD Further to a decIsIOn dated June 23 2003 I have receIved and revIewed the partIes' representatIOns regardIng the employer's request for an adJournment of the scheduled days of heanng. WhIle the employer's InformatIOn IS not as complete as was dIrected by that award, I am prepared to accept the employer's representatIOn that It appears that the gnevor wIll be one of the employees entItled to have hIS posItIOn converted. Although the gnevor asserts that the matters should not be adJourned unless there IS a guarantee of converSIOn, should hIS posItIOn be elIgIble for converSIOn, a consIderable aspect of hIS gnevances wIll have been resolved. The employer has represented ItS vIew that, based on ItS ImtIal assessment, It IS lIkely that the posItIOn wIll be converted wIthout the need for havIng the matter lItIgated and as a result of other agreements between the partIes Such IS the preferred course of actIOn. It makes sense therefore to adJourn the July 10 2003 scheduled date In order to deal wIth that Issue The employer has IndIcated that It wIll have full InformatIOn regardIng the converSIOn Issue on July 25 2003 With respect to the remaInIng scheduled dates, two factors must be consIdered. FIrst, the fact that the employer representatIve prevIOusly assIgned to thIS file contInues to work for the Crown (but In a dIfferent Mimstry) IS InSUfficIent to reqUIre them to contInue carnage of thIS file TYPIcally these partIes attempt to accommodate each other In the event of unantIcIpated dIsruptIOns to the lItIgatIOn process In the earlIer telephone conference call the employer outlIned ItS unsuccessful efforts to find a replacement representatIve avaIlable for the three dates scheduled In August. Second, when thIS matter was scheduled to contInue the partIes were advIsed that the July date would be used to attempt to medIate any outstandIng Issues On the first day of heanng the partIes were successful In resolvIng a thIrd gnevance filed by the gnevor It does not make sense to proceed to medIatIOn pnor to July 25 2003 as the converSIOn Issue may well be resolved wIthout that InterventIOn. Nor would three days be reqUIred. Overall I am satIsfied In the CIrcumstances that It makes sense to adJourn the August dates However a relatIvely early date should be scheduled for purposes of medIatIOn. The heanng dates of July 10 August 20 21 and 22,2003 are hereby adJourned. The employer is directed to advIse umon counsel no later than July 28 2003 of the final results of the partIes' agreement to convert posItIOns from the WhItby Jail In the meantIme employer and union counsel are directed to forthwIth contact the Vice-Chair dIrectly regardIng the schedulIng of one day for medIatIOn of all remaInIng Issues Dated at Toronto Ontano thIS 9th day of July 2003