HomeMy WebLinkAbout2015-1908.Manna et al.18-10-29 DecisionCrown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2015-1908
UNION# 2015-5112-0176
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Manna et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Reva Devins
Arbitrator
FOR THE UNION
Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Braden MacLean
Treasury Board Secretariat
Legal Services Branch
Counsel
TELECONFERENCE October 26, 2018
-2-
DECISION
[1] A group grievance was filed on April 12, 2015 and proceeded by expedited
mediation/arbitration, pursuant to s. 22.16 of the Collective Agreement. In a
decision issued on April 19, 2018, the Employer was ordered to “pay damages of
$350 to every Grievor” who met certain conditions.
[2] An issue has now arisen with respect to the application of that decision. The parties
are seeking clarity on whether damages should be paid to individuals who did not
participate in the group grievance, but who otherwise satisfy the conditions for
entitlement to damages. The parties have again agreed that this matter proceed
under Article 22.16, including by decision that is without reasons and without
prejudice or precedent.
[3] Having considered the submissions of the parties, I have concluded that the Board
has already determined to whom damages should be paid. My original decision
ordered the Employer to pay damages to Grievors who met the conditions set out
in the award. Although I remained seized with respect to issues of interpretation,
application or implementation, the question brought before me now is not one of
mere clarification, but would require me to extend the remedy beyond the scope of
the final decision. In that regard, the Board is functus officio and I have no authority
to issue a further order that damages should be paid to individuals who were not
part of the group grievance and, therefore, not Grievors.
[4] I will remain seized in the event that any further issues arise with respect to the
interpretation, application or implementation of this or the earlier decision.
Dated at Toronto, Ontario this 29th day of October, 2018.
“Reva Devins”
______________________
Reva Devins, Arbitrator