HomeMy WebLinkAbout2003-3987.Nabert.08-04-01 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2003-3987, 2004-2659, 2004-2660, 2004-3435, 2005-0436, 2005-0437, 2005-2963, 2005-3559,
2006-0454, 2006-0455, 2006-0456, 2006-0458, 2006-0460, 2006-0461
UNION# 2004-0248-0002, 2004-0248-0153, 2004-0248-0154, 2003-0248-0185, 2005-0248-0033,
2005-0248-0034, 2005-0248-0131, 2006-0248-0024, 2006-0248-0030, 2006-0248-0031,
2006-0248-0032, 2006-0248-0034, 2006-0248-0036, 2006-0248-0037
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Nabert)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER
Neil Hartung
Counsel
Ministry of Government and Consumer
Services
HEARING March 19 & 20, 2008.
2
Decision
1.
The parties engaged in procedural discussions at the hearings on March 19 and 20, 2008,
and reached the following agreements, which are hereby issued as consent orders of the
Grievance Settlement Board:
2004-3435
(1) ? this grievance is settled on the basis that the letter of counsel will be
withdrawn from the grievor?s file forthwith.
2005-2963
(2) ? this grievance is settled on the basis that the letter of discipline will
be removed from the grievor?s file forthwith. It is understood that both parties
will be free to call evidence about the incident that led to the discipline and the
fact that discipline was imposed but there is no longer as issue with respect to just
cause.
Consolidation of Nabert Grievances
(3)? The parties have agreed to consolidate
the following grievances filed by Shelly Nabert:
GSB# 2005-3559 (OPSEU# 2006-0248-0024)
GSB# 2006-0454 (OPSEU# 2006-0248-0030)
GSB# 2006-0455 (OPSEU# 2006-0248-0031)
GSB# 2006-0456 (OPSEU# 2006-0248-0032)
GSB# 2006-0458 (OPSEU# 2006-0248-0034)
GSB# 2006-0460 (OPSEU# 2006-0248-0036)
GSB# 2006-0461 (OPSEU# 2006-0248-0037)
Consolidation of Sindall Grievances
(4) ? the parties have agreed to engage in a
process to determine whether the Sindall grievances can be consolidated. The
parties have agreed to the following timetable:
April 18, 2008 ? Union to provide employer with full particulars with
respect to all the Sindall grievances for which it seeks
consolidation. The union will also provide the employer with a
brief summary of other Sindall grievances that are not to be
consolidation and explanation as to why they are not related to the
Nabert matter. Although the particulars for consolidated
grievances will be ?with prejudice? with respect to the instant case,
the summary of non-consolidated grievances will be without
prejudice to the rights of either party in any other matter.
May 16, 2008 ? Employer to provide union with particulars of issues or
concerns with respect to the Sindall grievances the union seeks to
consolidate.
3
May 30, 2008 ? the parties will advise the vice-chair of any outstanding
disputes with respect to the consolidation issue.
st
Dated at Toronto the 1 day of April 2008
Barry Stephens
Vice-Chair