GSB#2007-2388
UNION#2007-0302-0016
"Additional File Numbers listed in Appendix "A"
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Hawkes)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Deborah J.D. Leighton
Vice-Chair
FOR THE UNION
Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors
FOR THE EMPLOYER
Peter Dailleboust Ministry of Government Services Legal Services Branch Counsel
HEARING
March 3, 2010.
Decision
1This order addresses the union's application for interim relief in this matter. The application was made well into the hearing on the merits of multiple grievances of Ms. Valerie Hawkes, whose home position is as a Probation and Parole Officer with the Ministry.
The union seeks the following:
a) An order that the grievor be placed into a position in her home area outside of the Ministry that meets her job qualifications and medical restrictions, and which is commensurate with the pay and benefits she would have received if she was still working at her home position, or
b) In the alternative, an order that the Ministry be required to pay the funding for an extension of her temporary Part III Prosecutor position with the Ministry of Revenue/Ministry of Finance, if her contract is not extended, or
c) A paid leave of absence.
2The union submits that this board has the jurisdiction to grant such interim relief and that the evidence supports the order. The employer argues that the board lacks the jurisdiction to grant what it considers to be substantive interim relief, rather than procedural orders permitted under the Labour Relations Act. If the board has jurisdiction, the employer further submits that the evidence does not support an order.
3Having carefully considered the submissions of the parties on the union's motion for interim relief in this matter, I have decided to deny the application. I have also decided not to provide reasons for this interim ruling until the decision on the merits is issued at the end of the hearing. I do this in part because of the nature of the case and in giving reasons for the interim decision I would have to comment on evidence which is also before me for the case on the merits.
Dated at Toronto this 17th day of August 2010.
"Appendix "A"
GSB Number
OPSEU File Number
2007-2389
2007-0302-0017
2007-2390
2007-0302-0018
2007-2391
2007-0302-0019
2007-2392
2007-0302-0020
2007-2393
2007-0302-0021
2007-2394
2007-0302-0022
2007-2395
2007-0302-0023
2007-2396
2007-0302-0024
2007-2397
2007-0302-0025
2007-2398
2007-0302-0026
2007-2399
2007-0302-0027
2007-2400
2007-0302-0028
2007-2401
2007-0302-0029
2007-2402
2007-0302-0030
2007-2403
2007-0302-0031
2009-0546
2009-0302-0001
2009-0547
2009-0302-0002
2009-0548
2009-0302-0003
2009-0549
2009-0302-0004
2009-0550
2009-0302-0005
2009-0551
2009-0302-0007
2009-0552
2009-0302-0008
2009-0553
2009-0302-0009
2009-0554
2009-0302-0010
2009-0555
2009-0302-0011