GSB# 2003-1671, 2003-4066
UNION# 2003-0582-0119, 2003-0582-0174
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Union Grievance)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Scott Andrews Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Timothy Bingham Staff Relations Officer Ministry of Community Safety and Correctional Services
CONFERENCE CALL
July 27, 2005.
Decision
The parties have entered into a protocol designed to provide a fair and expeditious process for the mediation/arbitration of a large backlog of grievances. There is a mediation session planned for August 2-4, 2005. The parties are unable to reach mutual agreement as to the appropriate venue. The employer takes the position that the mediations should take place at the institution in that the facilities are adequate and there will be a cost savings to the parties. The union submits the facilities at the institution are inadequate in that the union is housed in a construction trailer in the parking lot, there is little privacy for discussions, etc.
While it is not common for adjudicators to be called upon to rule on the logistics and modalities leading up to a hearing, given the issues raised in this instance, it is my view that, absent mutual agreement, it would not be appropriate to order the parties to meet at the worksite. As a result, the parties are ordered to convene the August 2-4, 2005 session at an available offsite location, such as a local hotel.
Dated at Toronto, this 27^th^ day of July, 2005.