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HomeMy WebLinkAbout2004-0607.Cartier.06-01-10 Decision Crown Employees Commission de Nj 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# 2004-0607 2004-3369 2005-1898 2005-1899 2005-1939 2005-2906 2005-2907 2005-2908 UNION# 2004-0636-0006 2004-0636-0008 2005-0636-0014 2005-0636-0015 2005-0636-0022, 2005-0636-0047 2005-0636-0048 2005-0636-0049 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (CartIer) Union - and - The Crown In RIght of Ontano (Mimstry of Health and Long-Term Care) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Will Presley Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Len HatzIs Counsel Mimstry of Government ServIces HEARING October 31 2005 2 DeCISIon At the begInmng of the heanng on October 31 2005 the employer proposed that a number of gnevances filed by the same gnevor should be consolIdated before thIS board. After heanng arguments from the partIes on the Issue, I made an oral rulIng on the motIOn, whIch I undertook to provIde In wntIng as soon as possIble ThIS decIsIOn deals solely wIth the employer's motIOn for consolIdatIOn. The employer seeks to have a total of eIght gnevances filed by Ms CartIer consolIdated before thIS board. Two of the eIght have already been assIgned to the board, and they are 1 GSB FIle No 2004-0607 - Dated Feb 17 2004 - Re ShIft schedulIng 2 GSB FIle No 2004-3369 - Dated November 18 2004 - Re WDHP The employer seeks to add the folloWIng SIX gnevances 3 OPSEU FIle No 2005-0636-0022 - Dated May 4 2005 - Re overtIme 4 OPSEU FIle No 2005-0636-0014 - Dated June 24 2005 - Re harassment 5 OPSEU FIle No 2005-0636-0015 - Dated June 24 2005 - Re dIscIplIne 6 OPSEU FIle No 2005-0636-0047 - Dated September 14 2005 - Re vIOlatIOn of ArtIcle 3 7 OPSEU FIle No 2005-0636-0048 - Dated September 14 2005 - Re dIscIplIne 8 OPSEU FIle No 2005-0636-0049 - Dated September 30 2005 - Re documents not removed from file For ease of reference, I refer to the gnevances accordIng to the number I have assIgned above The partIes agreed that Gnevances 2, 4 5 6 and 7 were all related to the same ongInatIng IncIdent, and were part of a contInUatIOn of a dIspute wIth respect to the gnevor's competence and her allegatIOns of Improper treatment. Gnevances 1 3 and 8 are not related, but SInce Gnevance 1 has already been assIgned to the board, the employer requested that Gnevances 3 and 8 be consolIdated as well The umon opposed the request on the narrow techmcal grounds 3 that some of the gnevances had not yet been subject to medIatIOn, whIle some had. The employer responded that It was prepared to medIate the gnevances ImmedIately If necessary Ruling A VIce chair has broad powers to consolIdate gnevances under the rules of procedure Those powers should be used consIstent WIth the collectIve agreement. The collectIve agreement states that gnevances are to be resolved In an expedItIOus and Informal manner That means the board should utIlIze a procedure that aVOIds IneffiCIent consequences, such as multIple heanngs and InCOnsIstent decIsIOns ApplYIng these pnncIples, I decIded that the heanng should be adjourned In order to allow for an attempt to medIate the gnevances FaIlIng resolutIOn through medIatIOn, all eIght gnevances would be consolIdated to be heard accordIng to the folloWIng process Gnevances 1 3 and 8 would be placed In abeyance and the remaInIng gnevances would be processed together and be heard first. After makIng the rulIng, the heanng adjourned and the partIes engaged In medIatIOn. The medIatIOn was unsuccessful, and the matter IS now beIng scheduled for arbItratIOn. As a result, when we reconvene the heanng, the partIes wIll be addressIng Gnevances 2, 4 5 6 and 7 above The umon wIll first present ItS eVIdence wIth respect to the non-dIscIplInary gnevances, after whIch the employer wIll then present ItS eVIdence wIth respect to all of the gnevances The umon wIll then have an opportumty to present eVIdence In reply on the non-dIscIplInary gnevances and ItS eVIdence for the dIscIplInary gnevances The employer wIll then have a nght to reply on the dIscIplInary gnevances After the heanngs wIth respect to Gnevances 2, 4 5 6 and 7 have been completed, we wIll proceed to medIate/arbItrate the remaInIng gnevances 4 Dated at Toronto thIS 10th day of January 2006