HomeMy WebLinkAbout2017-3338.Turner et al.21-08-26 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#; 2017-3338; 2017-3339
UNION# 2017-0232-0021; 2017-0232-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Turner et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE
Christopher J. Albertyn
Arbitrator
FOR THE UNION
Avril Dymond (Grievance Officer)
Ontario Public Service Employees Union
FOR THE EMPLOYER
FOR THE THIRD
PARTY
Thomas Ayers (Counsel)
Treasury Board Secretariat
Legal Services Branch
Melissa Cox
SUBMISSIONS
Written submissions received
-2-
DECISION
[1] This matter involves a contested job competition for the position of Trial
Coordinator for the Superior Court in Kitchener, posted on September 13, 2017.
[2] Previous decisions were issued on October 1 and 30, 2019.
[3] Melissa Cox, the incumbent (“the Third Party”), is an interested third party, entitled
to participate in these proceedings.
[4] The grievance of Stephanie Schiedel (2017-0119-0023), referred to in the decision
of October 1, 2019, has been referred to the Board as GSB File #2021-0722. That
file is consolidated with the other files in this matter.
[5] I am advised that, in a letter dated 6 July 2021, with the Employer’s approval, the
Union advised the Third Party that the Union and the Employer were seeking to
resolve this matter by written submissions, along the following schedule:
1. By 8 October 2021, the Employer will provide its written submissions to
the Arbitrator and the other Parties, including submissions regarding its
preliminary motion to dismiss Ms. Pasel’s grievance.
2. By 29 October 2021, the Third Party, Melissa Cox, will provide her
submissions.
3. By 30 November 2021, the Union will provide its submissions.
4. By 15 December 2021, the Employer will provide its reply submissions.
[6] I am informed that the Third Party indicated that, by 26 July 2021, she would
advise if she had objections to this matter proceeding by written submissions, or
to the schedule.
[7] The Third Party has not identified any objections.
[8] In the circumstances, I issue the following directions for the further conduct of
this matter:
1. By 8 October 2021, the Employer will provide its written submissions to
the Arbitrator and the other Parties, including submissions regarding its
preliminary motion to dismiss Ms. Pasel’s grievance.
2. By 29 October 2021, the Third Party will provide her submissions, if
any.
3. By 30 November 2021, the Union will provide its submissions.
-3-
4. By 15 December 2021, the Employer will provide its reply submissions.
Dated at Toronto, Ontario this 26th day of August, 2021.
“Christopher J. Albertyn”
_________________________
Christopher J. Albertyn, Arbitrator