GSB# 2003-3147, 2003-3148, 2003-3149, 2004-0072, 2004-0073, 2004-0320, 2004-0904, 2004-0905, 2004-0956, 2004-1274, 2004-1371, 2004-1648, 2004-2017, 2004-2018, 2004-2944, 2004-2945

UNION# 2003-0546-0017, 2003-0546-0018, 2003-0546-0019, 2003-0546-0022, 2003-0546-0023, 2003-0546-0024, 2004-0546-0006, 2004-0546-0005, 2004-0546-0007, 2004-0546-0011, 2004-0546-0013, 2004-0546-0014, 2004-0546-0031, 2004-0546-0032, 2004-0546-0035, 2004-0546-0036

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Morsi)

Union

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Barry B. Fisher

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Benjamin Parry Counsel Ministry of Government and Consumer Services

HEARING

April 11, 2008.

Interim Decision

Following the hearing of April 11, 2008, I have made the following rulings:

1. The Employer is to provide me with their calculations as to what they submit would be the monetary loss if the Grievor had received an interview opportunity. This should be calculated on the basis of the following formula:

Monies Grievor would have earned if she had won the competition

Less

Monies actually received in the same period

Multiplied by

3/14^th (21%)

The fraction 3/14^th is drawn from the fact that there were 13 people interviewed for 3 positions, and if she had been interviewed, she would have had a 3 out of 14 chance of winning the position, all other factors being equal. As the Grievor did in fact win a competition for this job, this is one possible way of calculating the lost opportunity.

The Employer is to submit this calculation to the Vice-Chair and the Union on or before Friday, April 18, 2008.

1. The Union is to respond to the submissions by April 27, 2008.

Therefore the only submissions outstanding relate to the possible monetary award if the Union is successful. All other submissions are complete. I will issue my award shortly.

3. The next hearing date is May 2, 2008. We will start the next grievance on that date.

4. The Union, who has just recently retained new counsel, Mr. Ed Holmes, is requesting that we cancel some of the scheduled hearing dates as they conflict with his previous commitments.

The union requests the cancellation of the following dates: May 9, 16, 30 and June 13, 2008.

The Employer objects, referring to the long delays already incurred in this case. This is a valid point, however, in the particular circumstances for this case, I am granting the adjournment. The following hearing dates are hereby confirmed: May 2, June 6, 20 and 27, 2008.

5. Previously the parties have asked that I hear all the evidence before issuing any award. The parties now wish me to render a full decision on the three grievances already heard in relation to three competitions. I am prepared to do so on the understanding that this will be for all purposes, including the issue of age discrimination. In other words, once I have issued my award on the first three grievances, all issues are final and evidence or findings in these awards cannot be reopened or questioned in further grievances.

DATED at Toronto, this 15^th day of April, 2008