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HomeMy WebLinkAbout2004-3093.Dimartino et al.07-09-12 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# 2004-3093,2004-3124 UNION# 2004-0582-0077,2004-0582-0074 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 (Dimartino et al.) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) M. Brian Keller Scott Andrews Grievance Officer Ontario Public Service Employees Union Pauline Jones Staff Relations Officer Ministry of Community Safety and Correctional Services August 28, 2007. Union Employer Vice-Chair 2 Decision The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase, although the vice-chair has the discretion to request further information or documentation. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent. The grievance in this case relates to alleged harassment and discrimination. After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievances should be adjourned sine die pending external investigation of the issues raised. Toronto, this lih day of September, 2007. M. Brian Keller, Vice-Chair