GSB#2009-1642

UNION#2005-0669-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Zimmermann)

Union

• and -

The Crown in Right of Ontario (Ministry of Government Services)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

Stephen Giles Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Peter Dailleboust Ministry of Government Services Counsel

HEARING

June 17, 2010.

Decision

1A grievance dated July 11, 2005 filed by Ms. Brigitte Zimmermann came before the Board on June 17, 2010. It alleges that the employer “failed to provide a safe workplace free from harassment and discrimination resulting in a poisoned workplace”.

2At the commencement of the hearing the parties agreed to proceed under the Mediation/Arbitration Procedure set out in article 22.16 of the collective agreement.

3It soon became apparent that there was no prospects for a mediated settlement of the grievance. The employer moved that the grievance be dismissed as inarbitrable on the grounds that it had been referred to arbitration outside the mandatory time limits set out in article 22.4.

4The employer’s motion was argued on the basis of an Agreed Statement of Fact filed by the parties.

5The facts establish that the grievance, which was filed on July 11, 2005 was not referred to arbitration until September 9, 2009. There was no dispute that it was clearly outside the mandatory time limits in the collective agreement. While the union urged the Board to extend time limits pursuant to s.48(16) of the Labour Relations Act, the Board has previously held that the collective agreement between these parties does not confer jurisdiction on it to extend time limits for referral to arbitration. (Re Johnston, 2009-1147 (Dissanayake)).

6Therefore, the Board finds that the grievance is untimely and it is hereby dismissed.