HomeMy WebLinkAbout2005-2437.Chmurzynski.09-02-03 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#2005-2437, 2005-2439, 2005-2685, 2006-0873, 2006-1675, 2008-0526, 2008-0527
UNION#2005-0234-0287, 2005-0234-0289, 2005-0234-0366, 2006-0234-0193, 2006-0234-0310,
2008-0234-0129, 2008-0234-0130
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Chmurzynski)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREFelicity D. Briggs Vice-Chair
FOR THE UNIONStephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYERGary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARINGJanuary 20, 2009.
2
Decision
[1]The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated Protocol for various grievances
filed by Bailiffs. A number of grievances were settled through that process. However, a
few remained unresolved and therefore require a decision from this Board. The Protocol
provides that decisions will be issued within a relatively short period of time after the
actual mediation sessions and will be without reasons. Further, the decision is to be
without prejudice and precedent.
[2]In preparation for our first mediation session held on June 11, 2008, the Union wrote to
Mr. Paul Chmurzynski requesting particulars regarding his seven grievances. At our last
session I was informed by the Union that the grievor had received this request just prior
to our mediation session and was therefore unable to comply. Mr. Chmurzynski
requested that his grievances be deferred to this session. I allowed that request but issued
th
a decision dated July 28, 2008 ordering the Union and the grievor to particularize these
grievances in sufficient time for this med/arb session.
[3]This was not done. In response to my inquiries the Union informed me that, subsequent
to our last day, they wrote to the grievor instructing him to provide particulars. A review
of that letter reveals that the Union included my decision.
[4]The Union was no more prepared to discuss the facts regarding these grievances than
they were our first day as a result of the grievor?s failure to respond.
[5]I asked the Employer to confirm the grievor?s address and I am satisfied that the Union?s
correspondence went to the grievor?s last known address.
[6]I am left with no alternative but to dismiss all of these grievances due to lack of
particulars.
3
[7]The following grievances are dismissed:
2005-0234-0287
2005-0234-0289
2005-0234-0366
2006-0234-0193
2006-0234-0310
2008-0234-0129
2008-0234-0130
rd
Dated at Toronto this 3 day of February 2009.
Felicity D. Briggs, Vice-Chair