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HomeMy WebLinkAbout2010-2499.Pinkney et al.19-11-14 Decision 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#2010-2499, 2015-0652 UNION#2010-0108-0049, 2015-0108-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pinkney et al) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Ken Petryshen Arbitrator FOR THE UNION John Brewin Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER George Parris Treasury Board Secretariat Legal Services Branch Counsel CONFERENCE CALL November 14, 2019 - 2 - Decision [1] The two matters before me are contained within file numbers 2010-2499 et al. and 2015-0652. Paragraph 2 of a decision issued on October 17, 2019, provided as follows: [2] At a hearing on September 27, 2019 for File Number 2015-0652, I discussed with counsel ways to move forward with these cases to facilitate a resolution of the grievances. This subject was further discussed during a conference call held on October 16, 2019. After hearing from counsel during the conference call, I advised them that I would make directions to both parties in order to ensure that they would be in a position to focus on the remaining remedial issues in dispute for the mediation scheduled for November 14, 2019. Accordingly, for purposes of the upcoming mediation only and without prejudice to the positions a party might take in any future litigation of the grievances, I hereby direct each party to prepare and provide to counsel opposite a written outline of its position on the monetary value of any outstanding remedy for both matters, along with the rationale for its position, by no later than November 8, 2019. [2] On November 13, 2019, the parties agreed to adjourn the mediation scheduled for November 14, 2019, at the Union’s request. During a conference call on November 14, 2019, Union counsel explained why the Union was unable to comply with the direction issued on October 17, 2019. Since both parties are interested in finally resolving the grievances at issue, it is unfortunate that it was necessary to adjourn the mediation date of November 14, 2019. The parties now have agreed to hold the mediation to address outstanding remedial issues on December 6, 2019. In order to ensure a productive mediation, I direct the Union to prepare and provide to Employer counsel a written outline of its position on the monetary value of any outstanding remedy for both grievances, along with the rationale for its position, by no later than December 2, 2019. Dated at Toronto, Ontario this 14th day of November, 2019. “Ken Petryshen” Ken Petryshen, Arbitrator