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
INTERIM AWARD
Further to a decision dated June 23, 2003 I have received and reviewed the parties’ representations regarding the employer’s request for an adjournment of the scheduled days of hearing.
While the employer’s information is not as complete as was directed by that award, I am prepared to accept the employer’s representation that it appears that the grievor will be one of the employees entitled to have his position converted. Although the grievor asserts that the matters should not be adjourned unless there is a guarantee of conversion, should his position be eligible for conversion, a considerable aspect of his grievances will have been resolved. The employer has represented its view that, based on its initial assessment, it is likely that the position will be converted without the need for having the matter litigated and as a result of other agreements between the parties. Such is the preferred course of action. It makes sense therefore to adjourn the July 10, 2003 scheduled date in order to deal with that issue. The employer has indicated that it will have full information regarding the conversion issue on July 25, 2003.
With respect to the remaining scheduled dates, two factors must be considered. First, the fact that the employer representative previously assigned to this file continues to work for the Crown (but in a different Ministry) is insufficient to require them to continue carriage of this file. Typically these parties attempt to accommodate each other in the event of unanticipated disruptions to the litigation process. In the earlier telephone conference call the employer outlined its unsuccessful efforts to find a replacement representative available for the three dates scheduled in August. Second, when this matter was scheduled to continue the parties were advised that the July date would be used to attempt to mediate any outstanding issues. On the first day of hearing the parties were successful in resolving a third grievance filed by the grievor. It does not make sense to proceed to mediation prior to July 25, 2003 as the conversion issue may well be resolved without that intervention. Nor would three days be required. Overall I am satisfied in the circumstances that it makes sense to adjourn the August dates. However a relatively early date should be scheduled for purposes of mediation.
The hearing dates of July 10, August 20, 21 and 22, 2003 are hereby adjourned. The employer is directed to advise union counsel no later than July 28, 2003 of the final results of the parties’ agreement to convert positions from the Whitby jail. In the meantime employer and union counsel are directed to forthwith contact the Vice-Chair directly regarding the scheduling of one day for mediation of all remaining issues.
Dated at Toronto, Ontario this 9th day of July, 2003.