GSB# 0569/02, 0969/02
UNION# 02C696, 02C697, 02A714
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Samsone)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Public Safety and Security)
Employer
BEFORE
Marilyn Nairn
Vice-Chair
FOR THE UNION
Tim Hannigan Ryder Wright Blair & Doyle Barristers and Solicitors
FOR THE EMPLOYER
Greg Gledhill Staff Relations Officer Ministry of Public Safety and Security
TELEPHONE CONFERENCE CALL
June 23, 2003.
INTERIM AWARD
These matters are scheduled to continue on July 10, and August 20, 21, and 22, 2003. By letter dated June 19, 2003 the Ministry has requested an adjournment of those days. The reason for the adjournment is that Mr. Roy, who had carriage of the matter for the Ministry, is leaving the Ministry and will be unable to continue to represent the Ministry. Having canvassed the schedules of his colleagues and counsel at Management Board Secretariat, there is no one available to continue the matters on the days currently scheduled.
On June 23, 2003 I convened a telephone conference call to hear the submissions of the parties with respect to the request for an adjournment as the union opposed the request.
Two issues underlie the grievances. The first is a conversion issue. The second is an allegation of harassment and discrimination. The conversion issue has a timely aspect to it as the employer has made a commitment to convert four positions out of the Whitby jail (where the grievor was working) by the end of July 2003. The harassment and discrimination issues arise out of the grievor's employment at Whitby and Millbrook and are largely focused on a specific period of time.
Having heard the representations of the parties I directed the employer to provide to union counsel and to the Board by no later than Tuesday, July 8, 2003 two things, first, the Ministry’s position and information regarding the factual basis of the grievor’s claim regarding hours of convertible service and his seniority in relation to other persons who might claim to be eligible to be converted, including any period where the grievor was absent from work and is claiming recognition of those hours by virtue of the second grievance. Second, I also directed the employer to provide the Board with the name of its representative who will be taking carriage of these files.
Upon receipt of that information I will deal with the request for an adjournment.
Dated at Toronto, Ontario this 24th day of June, 2003.