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 Fisher
Vice-Chair
FOR THE UNION
Gavin Leeb Barrister and Solicitor
FOR THE EMPLOYER
Benjamin Parry Counsel Ministry of Government and Consumer Services
HEARING
January 10, 2008.
Decision
The Union has brought two motions and the Employer has brought one motion.
- Union Motion on OHRC Complaint
The Grievor, on her own initiative and without involvement of the Union, has brought a complaint under the Ontario Human Rights Code with respect to issues related to the case before this Board. The Union requested an order compelling the Employer to produce them with a copy of the Complaint. The Employer denied the request on basis of relevance.
I am satisfied having reviewed the Complaint, that it is relevant as it, in part, relates to the same issues of the competitions that are the subject matter of this grievance.
I therefore order the Employer to immediately provide a copy of the Complaint to the Union.
- Union Motion for Adjournment
The Union requested an adjournment of this matter for six months on the sole basis that the Grievor has indicated to them that she will not attend at hearings at the GSB as she has lost confidence in the system.
This is not a valid reason to grant an adjournment as the Union has carriage of the grievance and whether or not a Grievor or a witness has faith in the legal process is simply not relevant. The request for adjournment was denied
The Employer indicated that it had closed its case based on the witnesses it had called. The Union indicated that it had no new evidence to present.
The parties agreed to present final arguments on April 11, 2008 at 9:00 a.m.
- Employers Motion to seek order to dismiss all remaining grievances
The Employer takes the position that as the Grievor has already indicated to the Union that she does not intend to participate in the balance of this hearing and that the Union has indicated that they will not proceed without her active involvement, that the Board should dismiss as abandoned the balance of the grievances (some 12 remaining competition grievances).
On April 11, 2008, I will render my decision on this motion. If the Grievor does personally attend on that day and gives her personal undertaking to this Board that she will attend all future hearings of this grievance, unless unable to do so for justifiable reasons, then I will consider this as a factor in deciding whether or not to declare the balance of the grievances as abandoned.
If the Grievor fails to attend on April 11, 2008 or attends but refuses to give the above-mentioned undertaking, then I will issue an order dismissing the balance of the award on grounds that they have been abandoned.
DATED at Toronto, this 21st day of January, 2008