HomeMy WebLinkAbout2016-1167.Union.23-11-14 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# 2016-1167; 2019-0585; 2019-0723
UNION# 2016-0616-0009; 2019-0617-0006; 2019-0678-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Gail Misra Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Counsel
HEARING December 13, 2022; June 29 and
November 9, 2023
-2 -
Decision
[1] By a decision dated December 11, 2020 three grievances were decided (Ontario
Public Service Employees Union v Ontario (Solicitor General), 2020 CanLII
105704 (ON GSB)). The issues raised in the grievances were common to each of
the Algoma Treatment & Remand Centre, the North Bay Jail and the Sudbury Jail.
[2] In the decision I noted at para. 17 that although the Sudbury Jail Local Union had
not provided any sample schedules to demonstrate the scope of the problem at
that workplace, the parties had agreed that the outcome of the hearing applied to
all three locations. At paras. 52 to 54 of the decision I summarized my findings,
upheld the grievances, and remained seized in the event that the parties were
unable to resolve any issues arising out of the award.
[3] As the parties were unable to resolve the monetary compensation issues, this
hearing was re-commenced to address that matter. This decision addresses
Grievance No. 2019-0617-0006, the Sudbury Jail Grievance.
[4] To date, and despite attempts over the last three years to ascertain if there were
any individual claims for compensation out of the Sudbury Jail, no such claims
have been identified. As already noted in the original decision, and above,
although the Local at that institution filed a grievance, no information was made
available to the Union in regard to the Sudbury Jail at the original hearings into the
three grievances. In retrospect it is unclear why a grievance was filed for that
institution.
[5] As such, since it is now apparent that there are no individuals from the Sudbury
Jail affected by the original decision, in order to ensure finality in this matter, I
hereby dismiss Grievance No. 2019-0617-0006.
Dated at Toronto, Ontario this 14th day of November 2023.
“Gail Misra”
Gail Misra, Arbitrator