IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Goring)

Union

and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Val Patrick Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Cathy Phan Ministry of Government Services Labour Practice Group Counsel

HEARING

September 20, 2010.

Decision

1At our first day of hearing the Employer raised a preliminary objection regarding the Board’s jurisdiction to hear and determine six of the seven grievances filed in this proceeding matter.

2In that regard, the parties provided the following agreed statement of fact:

The grievor is employed as a Correctional Officer 2 (CO2) at the Toronto West Detention Centre with the Ministry of Community Safety and Correctional Services.
On February 25, 2008 the grievor filed six grievances.
A Stage 2 was never held with respect to the six grievances filed by the grievor.
The six grievances were referred to arbitration on August 14, 2008.

3No further evidence was adduced.

4Ms. Phan, for the Employer, submitted that this Board is without jurisdiction to hear and determine the six grievances filed on February 25, 2008 because they were not referred to the arbitration within the mandatory time limits set out in the Collective Agreement.

5Mr. Patrick, for the Union, asserted that the delay in the filing of these grievances was caused by the Employer’s failure to hold a Stage Two meeting under the grievance procedure. Therefore the Union cannot be found to have missed the time limits set out at Article 22.4 of the Collective Agreement. Any delay in the processing of these grievances occurred during the grievance procedure and therefore this Board has the jurisdiction to extend the time limits.

6It is useful at this point to set out Article 22. It states as follows:

Grievance Procedure

22.1

It is the intent of this Agreement to adjust as quickly as possible any complaints or differences between the parties arising from the interpretation, application, administration or alleged contravention of this agreement, including any question as to whether a matter is arbitrable.

STAGE ONE

22.2.1

It is the mutual desire of the parties that complaints of employees be adjusted as quickly as possible and it is understood that if an employee has a complaint, the employee shall meet, where practical, and discuss it with the employee’s immediate supervisor within thirty (30) days after the circumstances giving rise to the complaint have occurred to have come or ought reasonably to have come to the attention of the employee in order to give the immediate supervisor an opportunity of adjusting the complaint.

22.2.2

If any complaint or difference is not satisfactorily settled by the supervisor within seven (7) days of the discussion and/or meeting, it may be processed within an additional ten (10) days in the following manner:

STAGE TWO

22.3.1

If a complaint or difference is not resolved under Stage One, the employee may file a grievance, in writing, through the Union, with their immediate supervisor who will in turn forward the grievance to their senior human resources representative for the ministry or his or her designee.

22.3.2

The senior human resources representative or his or her designee shall hold a meeting with the employee within fifteen (15) days of the receipt of the grievance and shall give the grievor his or her decision in writing within seven (7) days of the meeting with a copy to the Union steward.

Ontario Public Service Employees Union (Goring) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2010 CanLII 68762

Case Summary

IN THE MATTER OF AN ARBITRATION

BETWEEN

Union