HomeMy WebLinkAbout2009-1676.Kruger.12-04-02 Decision
Crown Employees
rieva
nce Settlement
oard
1Z8
l. (416) 326-1388
x (416) 326-1396
t des griefs
es employés de la
t
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l. : (416) 326-1388
léc. : (416) 326-1396
Additional Files listed in Appendix “A”
IN THE MATTER OF
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
ETWEEN
G
B
Suite 600
180 Dundas St. West
Toronto, Ontario M5G
Te
Commission de
règlemen
d
Couronne
Bureau 600
180, rue Dundas Oues
Toronto (Ontario) M5G 1
Té
Té
Fa
GSB#2009-1676
UNION#2011-0521-0004
AN ARBITRATION
Under
B
Ontario Public Sployees Union
(Kruger) Union
(Ministry of Community Safety and Correctional Services) Employer
ervice Em
- and -
The Crown in Right of Ontario
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION
ice Employees Union
FOR THE EMPLOYER
Laura Josephson
Ontario Public Serv
Grievance Officer
s
s
Sia Romanidis
Ministry of Government Service
Centre for Employee Relation
Employee Relations Advisor
HEARING March 6, 2012.
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Decision
[1] The Employer and the Union at the Toronto Intermittent Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance
with the negotiated Protocol. Most of the grievances were settled through
that process. However, a few remained unresolved and therefore require a
decision from this Board. The Protocol provides that decisions will be
issued within a relatively short period of time after the actual mediation
sessions and will be without reasons. Further, the decision is to be without
prejudice and precedent.
[2] Mr. Kruger has a number of grievances outstanding. At the Med/Arb
session held in October of 2010 the grievor did not have all of his particulars
and/or documents at his disposal. It was agreed that his matters would be
heard at the next session.
[3] At our most recent session the grievor was still not prepared to proceed. The
Employer asked the Board to dismiss all of his grievances as a result of his
continued failure to provide facts and supporting documentation. The Union
argued this is inappropriate particularly in view of the fact that the session
for Toronto Intermittent Centre was scheduled with much less notice than is
normal in the Med/Arb process.
[4] I must agree with the Union. However, I appreciate the Employer’s view
that this grievor has had ample opportunity to gather his documents and
particulars. Accordingly, I am ordering the following schedule:
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The Union is to provide to the Employer the grievor’s particulars and
all supporting documentation no later than Friday March 30th, 2012.
The Employer shall respond to those particulars no later than April 27,
2012.
The Union can respond to the Employer’s particulars and comments
no later than May 11, 2012.
[5] I expect that any particulars shall be comprehensive. It is my hope that those
documents will allow me to determine the grievances. In the event that I am
of the view that there is a need for further discussion between the parties I
will contact the parties and a date will be scheduled at T.I.C. for this
purpose.
Dated at Toronto this 2nd day of April 2012.
Felicity D. Briggs, Vice-Chair
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Appendix “A”
Grievor GSB NumberOPSEU File Number
2009-1677 Kruger, William2009-0521-0051
2009-1678 Kruger, William2009-0521-0052
2009-2712 Kruger, William2009-0521-0067
2009-2713 Kruger, William2009-0521-0068
2009-2714 Kruger, William2009-0521-0069
2009-2715 Kruger, William2009-0521-0070
2009-2716 Kruger, William2009-0521-0071
2009-2717 Kruger, William2009-0521-0072
2009-2722 Kruger, William2009-0521-0077
2009-3051 Kruger, William2010-0521-0003
2009-3052 Kruger, William2010-0521-0004
2009-3053 Kruger, William2010-0521-0005
2009-3054 Kruger, William2010-0521-0006
2009-3055 Kruger, William2010-0521-0007
2009-3056 Kruger, William2010-0521-0008
2009-3057 Kruger, William2010-0521-0009
2009-3406 Kruger, William2010-0521-0023
2010-0237 Kruger, William2010-0521-0039
2010-2029 Kruger, William2010-0521-0091
2010-2030 Kruger, William2010-0521-0092
2010-2031 Kruger, William2010-0521-0093
2010-2032 Kruger, William2010-0521-0094
2010-2033 Kruger, William2010-0521-0095
2010-3008 Kruger, William2011-0521-0009
2010-3009 Kruger, William2011-0521-0010
2010-3010 Kruger, William2011-0521-0011
2011-0730 Kruger, William2011-0521-0014
2011-0731 Kruger, William2011-0521-0015