HomeMy WebLinkAbout2009-1642.Zimmermann.10-06-22 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement 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#2009-1642
UNION#2005-0669-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Zimmermann)
Union
- and -
The Crown in Right of Ontario
(Ministry of Government Services)
Employer
BEFORENimal Dissanayake Vice-Chair
FOR THE UNIONStephen Giles
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERPeter Dailleboust
Ministry of Government Services
Counsel
HEARING
June 17, 2010.
- 2 -
Decision
[1]A grievance dated July 11, 2005 filed by Ms. Brigitte Zimmermann came before the
Board on June 17, 2010. It alleges that the employer ?failed to provide a safe workplace
free from harassment and discrimination resulting in a poisoned workplace?.
[2] At the commencement of the hearing the parties agreed to proceed under the
Mediation/Arbitration Procedure set out in article 22.16 of the collective agreement.
[3] It soon became apparent that there was no prospects for a mediated settlement of the
grievance. The employer moved that the grievance be dismissed as inarbitrable on the
grounds that it had been referred to arbitration outside the mandatory time limits set out in
article 22.4.
[4] The employer?s motion was argued on the basis of an Agreed Statement of Fact filed by
the parties.
[5] The facts establish that the grievance, which was filed on July 11, 2005 was not referred
to arbitration until September 9, 2009. There was no dispute that it was clearly outside
the mandatory time limits in the collective agreement. While the union urged the Board
, the Board has
to extend time limits pursuant to s.48(16) of the Labour Relations Act
previously held that the collective agreement between these parties does not confer
jurisdiction on it to extend time limits for referral to arbitration. (Re Johnston, 2009-1147
(Dissanayake)).
[6] Therefore, the Board finds that the grievance is untimely and it is hereby dismissed.
nd
Dated at Toronto this 22 day of June 2010.
Nimal Dissanayake, Vice-Chair