HomeMy WebLinkAbout2004-2808.Puthenkalayil et al.07-01-09 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
Nj
~
Ontario
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2004-2808, 2004-2809
UNION# 2004-0234-0621,2004-0234-0622
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
WRITTEN
SUBMISSIONS
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Puthenkalayil et al.)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
Rena Khan
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
December 13, 2005
December 18, 2006.
Union
Employer
Vice-Chair
2
Decision
The parties agreed to an Expedited Mediation-Arbitration Protocol for the Maplehurst
Correctional Complex. It is not necessary to reproduce the entire Protocol here. Suffice it to say
that the parties have agreed to an expedited process wherein each party provides the vice-chair
with written submissions, which include the facts and authorities the party intends to rely upon,
one week prior to the hearing. At the hearing, oral evidence is not called, although the vice-chair
is permitted to request further information or documentation. In addition, if it becomes apparent
to the vice-chair that the issues involved in a particular case are of a complex or significant
nature, the case may be taken out of the expedited process and processed through "regular"
arbitration. Although individual grievors often wish to provide oral evidence at arbitration, the
process adopted by the parties provides for a thorough canvassing of the facts prior to the
hearing, and leads to a fair and efficient adjudication process. Arbitration decisions are issued in
accordance with article 22.16 of the collective agreement and, therefore, are without precedent.
The grievances relate to the grievors' continuous service dates. The union adduced evidence at
the hearing that reasonable efforts had been made to contact the grievor, but they have not
responded. After reviewing the submissions of the parties, it is my conclusion that the
grievances should be dismissed.
Dated at Toronto, this 9th day of January, 2007.