Ontario Public Service Employees Union (Lajoie) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2011 CanLII 78603

GSB#2009-1707

UNION#2009-0678-0006

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lajoie)

Union

• and -

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

Employer

BEFORE

Michael Lynk

Vice-Chair

FOR THE UNION

Sheila Riddell Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Susan Munn Ministry of Government Services Labour Practice Group Counsel

CONFERENCE CALL

October 17, 2011.

Decision

1In the course of ongoing hearings with respect to the suspension and dismissal grievances of Ms. Gail Lajoie, counsel for the Employer requested an adjournment of the two dates scheduled in this matter for 8 & 9 November 2011 in Sault Ste Marie, citing a significant scheduling conflict within her office. Counsel for both parties presented their clients’ positions via a telephone conference call.

The various considerations that were posed by counsel which I have kept in mind include:

i. Counsel for the Employer notified counsel for the Union in early September that a significant scheduling conflict had arisen and that she took reasonable steps to find a solution for the conflict short of seeking an adjournment, but without avail.

ii. The Grievor was suspended without pay in July 2009 from her position as a nurse and was subsequently terminated. She has not been able to work within her profession since. She desires to have her grievance litigated and decided as soon as possible.

iii. Two days of hearings have already been held, two further hearing dates are scheduled on 25 and 26 October, and both counsel agree that the Lajoie grievances would not be completed on the scheduled November dates, and that further dates would be required in any event. Both counsel estimate that six more days of hearings, beyond the two dates scheduled for October 2011, will be required.

2Upon reflection, and bearing in mind the arbitral principles on adjournment expressed in Re Ministry of Community Safety and Correctional Services and O.P.S.E.U. (Therrien) (2008), 2008 CanLII 32795 (ON GSB), 173 L.A.C. (4th) 193, I have decided to grant the request for adjournment pertaining to the two scheduled hearing dates in November 2011, subject to the following conditions:

1. Six further hearing dates in Sault Ste Marie will be scheduled for available times in January and February 2012, with the expectation that these dates will enable the hearings into the Lajoie grievances to be completed. These dates are to be scheduled in two day hearing blocks.

2. Vice-Chair Lynk has advised both counsel as to his available dates in January and February 2012. Both counsel are to consult with each other and report back to Vice-Chair Lynk by the end of the day on Friday, 21 October 2011 with their agreed-upon dates for the continuation of the Lajoie grievances. If the counsel are unable to agree upon the six continuation dates, the Board will decide the continuation hearing dates for January and February 2012.

3. If the Grievor or the Union have acquired verifiable costs as a result of this adjournment that are within the range of costs recognized by the arbitral caselaw, the Union may present its claim on the matter of costs when closing arguments are being presented at the end of these hearings.