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HomeMy WebLinkAbout1978-0176.Girimonte.80-05-09THE CROWN EMPLGYZES COLLECTIVE BARGAINING ACT ,THE GRIEVANCE SETTLE:,!ENT BOARD IEj THE KATTER OF AN ARBITmTION BETKEEN: A. GIRIMONTE, ,. Grievor THE KWISTRY. OF CO!&UNITY AND SOCIAL SERVICES, Enp!.oy~:r Before :J.F.W. Weatherill, Chairmn H. Weisbach, Metier E.R. O'Kelly R. Nabi'for the Ontario Public Service Employees Un ion R:>lcCully for the employer Heard at Toronto, April 30, 1980. There are before the Board two grievances, the first filed on June 29, 1978 and the second on August 15, 1978, relating respectively to the suspension and the discharge of the grievor. .At the outset of the hearing, the representative of the union advised that the grievor had, on the night before the hearing, instructed him to withdraw the grievances. Counsel for the employer did not object to:-.that. The grievances are, therefore, withdrawn. Counsel for the employer did indicate that the employer had been put to considerable expense, and that witnesses had been seriously inconvenienced so as to be able to proceed. It was suggested that theunionmight in the circumstances, be charged with costs. While we share the employer's concern with the last-minute withdrawal of a grievance in such circumstances, it is our view that the Board does not have jurisdiction to award costs. Neither.a collective agreement nor the Crown Employees Collective Bargaining Act confers such jurisdiction. We do not consider that the provision in section 18(a) (8) of the Act .., : -3- that the Board "shall determine its o~wn practice land procedure" confers'on the Board jurisdiction to award costs. These proceedings are, accordingly terminated. i’ j < BATED AT TORONTO, this ? day of May, 1980, khairman x/ ,. i. .z‘. > Member Member