HomeMy WebLinkAbout2018-3149.Ramsook-Lall.23-10-04 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# 2018-3149; 2019-0060; 2019-0540; 2019-0541;
2019-0542; 2019-0597; 2019-0598; 2021-0464
UNION# 2018-0585-0026; 2019-0585-0001; 2019-0585-0004; 2019-0585-0005;
2019-0585-0006; 2019-0585-0007; 2019-0585-0008; 2021-0585-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ramsook-Lall) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and Skills
Development) Employer
BEFORE David R. Williamson Arbitrator
FOR THE UNION Laura Johnson
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL September 22, 2023
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Decision
[1] This is an amended decision on a procedural matter. On September 22, 2023,
counsel for the parties and the undersigned Arbitrator held a conference call on
the Zoom platform to address the request of employer counsel that the Order
issued by this Board on December 14, 2022 be amended as to the location from
which the grievor was to attend and join subsequent hearings held on the Zoom
platform.
[2] By way of background, and as set out in detail in the Order of December 14,
2022, that Order was issued following the two hearing days of November 8 and
9, 2022 when the grievor experienced various technical issues in trying to join the
hearing held on the Zoom platform from locations of her own choosing. These
difficulties precluded the Board from hearing the testimony of the grievor and
resulted in the cancellation of these two hearing dates.
[3] Arising out of the Order of December 14, 2022, and so as to enable the grievor to
attend and participate in the hearing on all scheduled dates, the grievor has been
attending scheduled hearing dates from her usual place of work in the employer’s
offices located at 2275 Midland Avenue, Scarborough, Ontario, where the
employer has provided the grievor with private space and internet connectivity in
a designated boardroom, and with the grievor taking her OPS-assigned laptop
and cell phone to the hearing so as to ensure she had a means of accessing and
participating in the hearing.
[4] In the conference call held on September 22, 2023, employer counsel informed
the Board that in early 2023 the grievor applied for a lateral transfer to a different
region that was approved and became effective July 22, 2023. As such, the
grievor moved to a new work location, in a new region, with a new manager, and
with a new regional director. The Board was further advised that the grievor is no
longer able to access her previous usual place of work and that she no longer
has permission to access the associated boardrooms.
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[5] In light of the foregoing the employer makes a request for an amendment to the
Order of December 14, 2022; specifically that paragraph B be changed to reflect
the grievor’s new place of work and that paragraphs C and D be removed as no
longer relevant. In particular, that the wording of paragraph B of the Order dated
December 14, 2022 be amended to reflect the grievor’s new usual place of
employment at 17345 Leslie Street, Suite 102, Newmarket, Ontario, and that this
be substituted for the previous usual place of employment at 2275 Midland
Avenue, Scarborough, Ontario, from which the grievor chose to attend hearings
following the issuance of the Order in December 2022. Employer counsel
advised that the employer has confirmed there are available boardrooms at the
grievor’s new work location and that a manager can be available to assist the
grievor should there be any internet connectivity issues.
[6] The foregoing request for an amendment to the Order is opposed by the union.
Counsel for the union spoke to the underlying reasons for the grievor’s move and
her hope of keeping hassles relating to past issues out of her present workplace,
and the wish to be free of past baggage in her new position. As such, the union
requests that the original Order be kept in place and that the grievor continue to
be able to access hearings from her previous workplace in Scarborough.
[7] After reviewing the foregoing and earlier submissions, and with a view to having
the hearing proceed in a smooth and efficient manner and enable the grievances
to be heard, I hereby amend the Order issued in relation to this matter on
December 14, 2022, to read as set out below.
AMENDED ORDER
[A] For all future scheduled hearing dates, the grievor is to attend at her usual
place of work in the employer’s offices located at 17345 Leslie Street, Suite 102,
Newmarket, Ontario, where the employer will provide the grievor with private
space and internet connectivity so as to enable the grievor to attend and
participate in the hearing on all scheduled dates. On each scheduled hearing
day the grievor is to take her OPS-assigned laptop and cell phone to the hearing
so as to ensure she has a means of accessing and participating in the hearing.
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[B] At least two working days ahead of each scheduled hearing day, employer
counsel is to provide union counsel with particulars as to how on hearing days
the grievor may access the building, the private space to be provided, and
internet, at the office location from where she will be attending on hearing days.
Union counsel, in turn, is to promptly convey this information to the grievor.
[C] The grievor is responsible for getting herself to the designated space
provided at the employer’s premises in a timely manner, and for being prepared
to attend and participate in the hearing from the scheduled start time and to stay
until it ends. The employer is not responsible for any time spent at the hearing
that goes beyond the grievor’s normal working day.
[D] The grievor is responsible for any and all expenses incurred by her from
attending at the employer’s offices on a hearing day, including but not limited to
meals, parking, mileage, public transit, and travel time. The grievor’s monetary
entitlements when attending scheduled hearing days are as set out in Art. 22.5.2
of the collective agreement.
[E] In the event the grievor fails to comply with this direction and does not
attend one or more scheduled hearing dates, all the grievances may be
dismissed should that be requested by the employer.
[F] And it is so Ordered.
Dated at Toronto, Ontario this 4th day of October 2023.
“David R. Williamson”
David R. Williamson, Arbitrator