HomeMy WebLinkAbout2017-3776.Jacobs et al.20-01-16 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# 2017-3776; 2017-3777; 2017-3778; 2017-3779; 2017-3780; 2017-3781
UNION# 2017-0579-0011; 2017-0579-0012; 2017-0579-0013; 2017-0579-0014;
2017-0579-0015; 2017-0579-0016
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Jacobs et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Dale Hewat Arbitrator
FOR THE UNION Brett Hughes
Dewart Gleason LLP
Counsel
FOR THE EMPLOYER Braden MacLean
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 13, 2020
- 2 -
Decision
[1] These grievances came before me under s.22.16 of the Collective Agreement.
[2] Grievances 2017-0579-0012, 2017-0579-0013 and 2017-0579-0016 concern
allegations that the Employer failed to provide the grievors with attendance
credits in accordance with the Collective Agreement.
[3] Grievances 2017-0579-0011, 2017-0579-0014 and 2017-0579-0015 pertain to
allegations that the Employer failed to convert the grievors from fixed-term
positions into regular full-time positions in accordance with the Collective
Agreement or alternatively that vacancies existed during the relevant time
frame that should have been posted and filled by the grievors.
[4] On January 13, 2020 the parties attended a hearing to deal with preliminary
matters. Based on discussion that day between the parties, I confirm and
order the following:
A) The Employer confirms that it will not be raising any
preliminary objections.
B) No later than February 5, 2020, the Employer will produce
documentation to the Union, with a copy to the GSB,
responding to each of the Union’s production requests
outlined in Mr. Hughes letter to Mr. MacLean dated January
7, 2020.
C) No later than February 12, 2020, the Union will provide the
grievors’ will-say statements to the Employer with a copy to
the GSB.
D) For the purpose of dealing with timeliness and scope of the
grievances, the time-frame for considering all issues
pertaining to attendance credits, posting and filling of
vacancies and conversion from fixed-term to regular full-time
positions shall go back until May 14, 2016, subject to the
parties confirming on February 19, 2020 the exact date for
conversion based on the timing of pay cycles.
[5] This matter is scheduled to continue on February 19, March 18, July 14 and
September 15, 2020.
Dated at Toronto, Ontario this 16th day of January, 2020.
“Dale Hewat”
Dale Hewat, Arbitrator