Loading...
HomeMy WebLinkAbout2011-3097.Charbonneau et al.12-07-18 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2011-3097, 2011-3098, 2011-3099, 2011-3100 UNION#2011-0453-0001, 2011-0453-0002, 2011-0453-0003, 2011-0453-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Charbonneau et al) Union - and - The Crown in Right of Ontario (St. Lawrence Parks Commission) Employer BEFORE Nimal Dissanayake Vice-Chair FOR THE UNION Peggy Smith Peggy E. Smith Law Office Barristers and Solicitors Counsel FOR THE EMPLOYER Peter Dailleboust Ministry of Government Services Labour Practice Group Counsel SUBMISSIONS July 17, 2012. - 2 - Decision [1] The Board is seized with grievances filed by Ms. Brittney Charbonneau, Ms. Kelly Crites, Ms. Chelsey Schell and Mr. Andrew Tulett. The grievances were scheduled for arbitration on July 16, 2012. [2] In advance of the hearing date the employer served notice on the union that at the hearing it would be making a motion to the effect that the Board was without jurisdiction to deal with the grievances. In the circumstances, the scheduled hearing was adjourned on agreement of the parties. [3] Subsequently, on agreement the parties submitted to the Board the relevant facts and material and requested that the jurisdictional issue be determined on the basis of those submissions. The parties had agreed that in the event the grievances are dismissed, the employer would provide each grievor with a letter of employment. [4] Having regard to the facts and the material, the Board concludes that the grievances before it are inarbitrable and it has no jurisdiction to deal with them. In the result, the four grievances are hereby dismissed. Dated at Toronto this 18th day of July 2012. Nimal Dissanayake, Vice-Chair