GSB#2006-1910, 2007-0666

UNION#2006-0545-0048, 2007-0546-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (O’Connor)

Union

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Michael Lynk

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Michelle Dobranowski Ministry of Government Services Counsel

HEARING

July 9, 2010.

Decision

1This is the second interim decision in this matter. The first decision, which was

released on 7 February 2008, dismissed a motion for a non-suit brought by the Employer. This present decision deals with a motion by the Employer to adjourn the present proceedings.

2The Grievor, Mr. Paul O’Connor, presently has an application before the Human Rights Tribunal of Ontario which contends that the Employer has contravened terms in the Minutes of Settlement entered into on 19 June 2009 that was intended to fully and finally settle a human rights complaint he had filed under the Ontario Human Rights Code against the Employer and the Union. Aspects of Mr. O’Connor’s human rights complaint, the subsequent settlement and the resulting contravention application also touch upon the subject matter of the three grievances presently before the Grievance Settlement Board.

3Arising from Mr. O’Connor’s contravention application before the Tribunal, the Employer has requested the GSB to grant an adjournment of these present proceedings until the Tribunal has adjudicated the application. In support of its motion, counsel for the Employer relied upon the reasoning in Ministry of Community Safety and Correctional Services and OPSEU (Therrien) (GSB # 2004-3023 et al) (Lynk; 5 June 2008).

4The Union does not oppose the Employer’s motion for an adjournment, provided that the adjournment is without prejudice to its position that the Grievance Settlement Board has jurisdiction to determine whether Mr. O’Connor’s purported resignation is valid in light of the 19 June 2009 Minutes of Settlement.

5Having considered the representations of the parties, I hereby grant the Employer’s request for an adjournment of these proceedings, with the following conditions:

(i) That these GSB proceedings may resume when the Human Rights Tribunal of Ontario has adjudicated Mr. O’Connor’s contravention application under the Code and one of the parties has requested a resumption, or if a resumption would serve the purposes of the Crown Employees Collective Bargaining Act; and

(ii) That the respective positions of the parties are not prejudiced.