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HomeMy WebLinkAbout2017-0471.Vangou.20-04-06 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#2017-0471 Union#2015-0534-0023 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Vangou) Union - and - The Crown in Right of Ontario (Ministry of Children, Community and Social Services) Employer BEFORE Janice Johnston Arbitrator FOR THE UNION Jane Letton Ryder Wright Blair and Holmes LLP Counsel FOR THE EMPLOYER Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel HEARING March 4 and 18, 2020 (by teleconference) -2- Decision [1] This case has a long history. This is the fifth decision I have issued in this matter. I do not propose to repeat what was said in those decisions other than what is set out briefly below. [2] The grievor left the workplace on October 8, 2014, and has not returned to work since that date. She served a six-month qualifying period and has been on LTIP since April 8, 2015. The grievance before me was filed on December 18, 2015, more than a year after she left the workplace. [3] In the first decision in this matter I gave the following ruling: The employer has requested that I direct the grievor to provide a fully particularized will say statement detailing any matters that deal with allegations of conduct of the employer post March, 2015, that do not relate to the LTIP process. The use of will say statements has become increasingly more common in cases such as this one before me. I therefore direct the union to prepare a will say statement that shall constitute the evidence in chief of the grievor. This statement is to be fully particularized and include answers to “who, what, when and where” in terms of allegations of misconduct on the part of the employer. It is to be provided to counsel for the Ministry on or before February 15, 2019, which is three weeks prior to the next date of hearing scheduled in this case. [4] Due to circumstances beyond her control counsel for the union was unable to meet the deadline set out above. Accordingly, an extension of the timeline to file the will say statement was granted and a hearing date of August 6, 2019 was set. [5] On August 7, 2019 I issued another decision in which I granted another six month extension and a hearing date in March, 2020 was set. [6] A will say statement signed by the Grievor was filed with the Grievance Settlement Board. Conference calls with counsel were held on March 4 and March 18, 2020. After carefully considering the submissions of counsel, the jurisprudence referred -3- to and the Grievor’s will say I have determined that the grievance must be dismissed. [7] I would like to thank counsel for their patience and professionalism in this complex and difficult situation. [8] In the event that there are any difficulties with the interpretation or implementation of this decision I shall remain seized. Dated at Toronto, this 6th day of April, 2020. “Janice Johnston” ________________________ Janice Johnston, Arbitrator