HomeMy WebLinkAbout2002-1354.Charles et al.21-01-18 DecisionCrown 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# 2002-1354; 2006-0144; 2007-2322
UNION#2002-0517-0001; 2006-0999-0003; 2007-0369-0083
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Charles et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Bram Herlich
Arbitrator
FOR THE UNION
Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING January 15, 2021
-2-
DECISION
[1] In a decision dated September 25, 2020, I ordered the parties to comply with
certain directions set out in paragraphs 1-5 of that Order. I now note their compliance
with those directions as follows.
[2] With respect to paragraph 1, the payments related to Walkerton have been
effected and those with respect to Windsor have been paid or are in process.
[3] With respect to paragraphs 2 and 3, the employer has made its inquiries and, as
a result, has advised the union that the documents being sought (which date back some
13 to 17 years) are no longer available.
[4] With respect to paragraph 4, the union, having advised the employer of the
approximate dates of certain payments, has complied with my direction.
[5] With respect to paragraph 5, the employer has, to the extent possible in the
circumstances, complied with my direction.
[6] The directions contained in the previous decision related, at least in part, to
securing some further information and documentation from the employer to facilitate the
allocation of settlement funds among union members. While the union has made its
best efforts to secure that additional information and documentation, there remains a
gap as there is no additional information available to assist in the allocation.
Accordingly, the union must determine how to allocate the funds to its members on the
basis of the limited information in its possession. While this is not ideal, I would note
that the union has made every reasonable effort it could in the circumstances.
[7] I will remain seized in the event there are any difficulties in implementing the
terms of my awards in these matters or any of the resulting subsequent settlements
between the parties.
Dated at Toronto, Ontario this 18th day of January, 2021.
“Bram Herlich”
______________________
Bram Herlich, Arbitrator