Loading...
HomeMy WebLinkAbout2007-2388.Hawkes.10-08-17 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West180, 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#2007-2388 UNION#2007-0302-0016 ?Additional File Numbers listed in Appendix ?A? IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public ployees Union Service Em (Hawkes)Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREDeborah J.D. Leighton Vice-Chair FOR THE UNIONEd Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors FOR THE EMPLOYERPeter Dailleboust Ministry of Government Services Legal Services Branch Counsel HEARING March 3, 2010. - 2 - Decision [1]This order addresses the union?s application for interim relief in this matter. The application was made well into the hearing on the merits of multiple grievances of Ms. Valerie Hawkes, whose home position is as a Probation and Parole Officer with the Ministry. The union seeks the following: a)An order that the grievor be placed into a position in her home area outside of the Ministry that meets her job qualifications and medical restrictions, and which is commensurate with the pay and benefits she would have received if she was still working at her home position, or b)In the alternative, an order that the Ministry be required to pay the funding for an extension of her temporary Part III Prosecutor position with the Ministry of Revenue/Ministry of Finance, if her contract is not extended, or c)A paid leave of absence. [2] The union submits that this board has the jurisdiction to grant such interim relief and that the evidence supports the order. The employer argues that the board lacks the jurisdiction to grant what it considers to be substantive interim relief, rather than procedural orders permitted under the Labour Relations Act. If the board has jurisdiction, the employer further submits that the evidence does not support an order. [3] Having carefully considered the submissions of the parties on the union?s motion for interim relief in this matter, I have decided to deny the application. I have also decided not to provide reasons for this interim ruling until the decision on the merits is issued at the end of the - 3 - hearing. I do this in part because of the nature of the case and in giving reasons for the interim decision I would have to comment on evidence which is also before me for the case on the merits. th Dated at Toronto this 17 day of August 2010. Deborah J.D. Leighton, Vice-Chair - 4 - ?Appendix ?A? GSB Number OPSEU File Number 2007-23892007-0302-0017 2007-23902007-0302-0018 2007-23912007-0302-0019 2007-23922007-0302-0020 2007-23932007-0302-0021 2007-23942007-0302-0022 2007-23952007-0302-0023 2007-23962007-0302-0024 2007-23972007-0302-0025 2007-23982007-0302-0026 2007-23992007-0302-0027 2007-24002007-0302-0028 2007-24012007-0302-0029 2007-24022007-0302-0030 2007-24032007-0302-0031 2009-05462009-0302-0001 2009-05472009-0302-0002 2009-05482009-0302-0003 2009-05492009-0302-0004 2009-05502009-0302-0005 2009-05512009-0302-0007 2009-05522009-0302-0008 2009-05532009-0302-0009 2009-05542009-0302-0010 2009-05552009-0302-0011