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HomeMy WebLinkAbout2021-3072.Elphinstone.22-12-13 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB# 2021-3072; 2021-3073 UNION# 2021-0228-0024; 2021-0228-0025 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Elphinstone) Union - and - The Crown in Right of Ontario (Ministry of the Attorney General) Employer BEFORE Michael Lynk Arbitrator FOR THE UNION James Sommerville Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Jackson Donszelmann-Lund Treasury Board Secretariat Legal Services Branch Counsel HEARING December 6, 2022 - 2 - Decision [1] A hearing was scheduled for the matter listed as GSB #2021-3072 and GSB # 2021-3073 on December 6th, 2022, with respect to grievances filed by Cindy Elphinstone. The Parties agreed to adjourn the above noted matters on the condition that other related matters are to be scheduled and heard on January 19th, 2023. [2] This Consent Order addresses the next steps with respect to having related matters heard together. [3] Without prejudice to the Employer’s jurisdictional preliminary objections, the Employer consents to an adjournment of the “OverTime Grievance” listed as GSB# 2021-3072 (OPSEU# 2021-0228-0024) on the condition that the other “Over Time Grievances” listed as: • GSB# 2021-2976 (OPSEU# 2021-0228-0020); and • GSB# 2021-2802 (OPSEU# 2021-0228-0016) are scheduled together and proceed through the Med/Arb procedure, pursuant to Article 22.16 of the Collective Agreement, on January 19th, 2023. [4] For clarity, the Parties agree that GSB# 2021-3072, GSB# 2021-2976, and GSB# 2021-2802 will be scheduled before Arbitrator Michael Lynk on January 19th, 2023. [5] The Employer reserves the right to bring preliminary objections, including objections to the Board’s jurisdiction to hear the above-noted grievances, on January 19th, 2023. [6] Further to ensure that the matters proceed expeditiously, the Union agrees to provide the Employer with particulars for all three grievances, listed as GSB#2021- 3072, GSB#2021-2976, and GSB#2021-2802, at least two weeks in advance of the January 19th, 2023 hearing date. Dated at Toronto, Ontario this 13th day of December 2022. “Michael Lynk” Michael Lynk, Arbitrator