GSB#2005-2091, 2005-2610, 2006-0644, 2006-0645, 2007-2890, 2007-2891,

2008-1186, 2008-2632, 2008-3102

UNION#2005-0617-0019, 2005-0617-0022, 2005-0617-0025, 2005-0617-0026,

2007-0617-0008, 2007-0617-0019, 2008-0617-0020, 2008-0617-0055, 2008-0617-0058

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lachance)

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

Sheila Riddell Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Omar Shahab Ministry of Government Services Legal Practice Group Counsel

CONFERENCE CALL

September 12 and September 20, 2011.

Decision

1The grievor, Gaetan Lachance, has filed a number of grievances that allege various breaches of the Collective Agreement regarding his employment. Some of the outstanding matters concern allegations of harassment. The parties have been unsuccessful to date in mediating a resolution to these matters.

2This matter was scheduled to proceed on September 21, 2011 before the Board. Prior to the scheduled hearing date the Employer requested an adjournment. The grievor is currently on LTIP and the Employer was of the view that the scheduled hearing date should be adjourned because mediation and/or litigation of these matters would be better served at the point that the grievor is fit to return to work.

3The Union did not agree to this request and accordingly, a conference call was held to facilitate submissions in this regard. During the teleconference the parties made submissions and references were made to various facts in this matter including fairly recent medical documentation provided by the Union. As I indicated to the parties during the conference call, I am issuing this decision without reasons.

4After considering the facts and submissions in this regard, I am granting the Employer’s request for an adjournment. I am of the view that there is little likelihood of progress in this matter at this time. As agreed by the parties, this decision is without precedent or prejudice to either party.

5Having granted this request for an adjournment, I am concerned that these grievances languish without resolution indefinitely. At the point when the grievor gives notice that he is fit to return to work in the foreseeable future the parties are to contact the Board and every effort will be made to facilitate a mediation session, including, if necessary an evening hearing.

6Further, and in any event, if there is no word in this regard after four months have elapsed, I ask counsel to contact the Board in order to schedule a further teleconference to discuss how best to proceed.