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HomeMy WebLinkAbout2017-3196.Perry.19-06-07 Decision - 1 - Crown 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# 2017-3196 UNION# 2017-0468-0016 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Perry) Union - and - The Crown in Right of Ontario (Ministry of Health and Long-Term Care) Employer BEFORE Ken Petryshen Arbitrator FOR THE UNION John Brewin Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Stewart McMahon Treasury Board Secretariat Legal Services Branch Senior Counsel TELECONFERENCE June 7, 2019 - 2 - Decision [1] The grievance before me involves a claim by Ms. C. Perry that she was improperly denied a direct assignment to a Business Analyst position at Kingston, Ontario, after she had been laid off from her Analyst position with the Ministry. The Ministry had determined that she was not entry level qualified for the Business Analyst position. Ms. Perry is currently employed by Service Ontario. The hearing of her grievance is scheduled to commence on June 11, 2019. [2] The Union has requested that it be permitted in the circumstances to have one or two of its witnesses testify by either videoconference or teleconference. The witnesses reside at Kingston or in the Kingston area. The Ministry has opposed the Union’s request. This matter was addressed by a conference call on Friday, June 7, 2019. I advised counsel that I would attempt to provide the parties with a brief decision on June 7, 2019. I have considered the facts and the submissions of counsel. Having regard to the usual factors that arbitrators consider when deciding this type of issue, I am satisfied that the circumstances in this case are not sufficiently compelling or exceptional so as to warrant the conclusion that it would be appropriate for the Union to have one or two of its witnesses testify by video or teleconference. The Union’s request is therefore denied. Dated at Toronto, Ontario this 7th day of June, 2019. “Ken Petryshen” _____________________ Ken Petryshen, Arbitrator