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HomeMy WebLinkAbout1985-0284.Mesh.85-09-13IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: Before: For the Grievor: For the Employer: CUPE 1750 (Dianne Mesh) and Grievor The Crown in Right of Ontario (Worker’s Compensation Board) Employer P. M. Draper Vice-Chairman P. Craven Member F. T. Collict Member M. Mitchell Courxel Sack, Charney, Goldblatt & Mitchell Barristers & Solicitors P. Jarvis Course1 Hicks Morley Hamilton Stewart Storie Barristers & Solicitors Hearin% August 14, 1985 -2- INTERIM DECISION At the outset of the hearing on August 14, 1985, counsel to the Grievor informed the Board that the grievance to be’heard was one of five grievances having to do with events involving the Grievor and her then supervisor. The first three grievances relate to disciplinary action taken against the Grievor. The present grievance concerns a one-day suspension on February 7, 1985; the second a one-day suspension on February 8th, 1985; and the third a three-day suspension in April, 1985. The fourth and fifth grievances, which are currently at step~three of the grievance procedure, concern a performance appraisal of the Grievor. Counsel argued that the legal and factual issues in all five grievances are related and that to hear them separately would be wasteful of the time and efforts of the parties and an abuse of the Board’s resources. He requested that the Board adjourn the hearing and direct that all the grievances be consolidated and heard by one panel of the Board. Counsel to the Employer opposed that request, arguing that because a number of events that took place over a period of months all gave rise to grievances is not sufficient reason to consolidate those grievances; that if they were comolidated an unmanageable volume of evidence would be put before the Board; and that, in any event, t’he issues raised by each grievance have to be resolved separately by the Board. . . -3- After recessing to consider the matter the Board ruled that: 1. The first and second grievances are sufficiently related that they should be consolidated. The Registrar is’ directed to schedule them to be heard together by a single panel of the Board. 2. The third grievance should be heard separately. The Registrar is directed to schedule it to be heard on a date subsequent to the date of issuance of the Board’s decision in respect of the first and second grievances. We make no order with regard to the fourth and fifth grievances inasmuch as they have not, at this time, been referred to the Board for adjudication. We note, for the record, that the Board did not deal with two preliminary matters raised by!counsel to the Employer, one to do with the scope of a .subpoena obtained one behalf of the Grievor and served on the supervisor concerned, and the other to do with what he understands to be the intention of counsel. to the Grievor to argue that a letter of reprimand issued to the Grievor on or about February 7, 1985, forms a part of the first grievance. . . -4- Dated at Toronto, Ontario this 13th day of September, 1985. P. Draper, Vice-Chairman - - P. Craven, Member F. T. Eo>iLt, Member