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HomeMy WebLinkAbout2003-3586.Prevost et al.06-12-08 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 Nj ~ Ontario GSB# 2003-3586,2004-1654 UNION# 2003-0411-0092,2004-0411-0075 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Prevost et al.) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Richard Brown Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors Simon Heath Counsel Ministry of Government Services December 6,2006. Union Employer Vice-Chair 2 Decision This group grievance alleges correctional officers at the Ottawa-Carleton Detention Center have not been properly paid for attending muster. The matter was first scheduled for hearing on December 19, 2005. Continuation dates were set for April 26 and September 26,2006. On each of these occasions, the parties endeavored to reach a settlement but to no avail. On September 26, they agreed the next hearing date would be utilized to argue the legal question of whether time spent at muster is time for which pay is owing under the collective agreement. They also agreed to leave all remedial issues to be addressed after the resolution of another grievance dealing with meal breaks. A hearing notice for December 6, 2006 was issued by the Registrar on October 27, 2006. The union appeared on December 6 prepared to argue the entitlement issue as agreed. Counsel for the employer attended, without a representative of the Ministry of Correctional Services and Community Safety, and requested an adjournment. Employer counsel stated his instructions did not permit him to proceed with argument in the absence of his client. He noted settlement discussions between the parties had continued after the last hearing date and might lead to a resolution of the grievance. Other than the possibility of settlement, he offered no explanation for being unable to address the legal issue scheduled for argument. The union opposed the request for an adj ournment. I am perplexed by the employer's conduct in this case. The parties agreed in September to present legal argument on the next hearing date. The employer has now resiled from that agreement without providing an adequate explanation. Such conduct runs the risk of undermining the integrity of the arbitration process. Despite this concern, I have decided not to hear submissions on an issue which counsel lacks instructions to argue. The adjournment is granted on the condition this question be argued by way of teleconference at 8:30 a.m. on January 18,2007. Issued at Toronto the 8th day of December 2006