GSB#2009-1676
UNION#2011-0521-0004
Additional Files 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 (Kruger)
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
Laura Josephson Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Sia Romanidis Ministry of Government Services Centre for Employee Relations Employee Relations Advisor
HEARING
March 6, 2012.
Decision
1The Employer and the Union at the Toronto Intermittent Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.
2Mr. Kruger has a number of grievances outstanding. At the Med/Arb session held in October of 2010 the grievor did not have all of his particulars and/or documents at his disposal. It was agreed that his matters would be heard at the next session.
3At our most recent session the grievor was still not prepared to proceed. The Employer asked the Board to dismiss all of his grievances as a result of his continued failure to provide facts and supporting documentation. The Union argued this is inappropriate particularly in view of the fact that the session for Toronto Intermittent Centre was scheduled with much less notice than is normal in the Med/Arb process.
4I must agree with the Union. However, I appreciate the Employer’s view that this grievor has had ample opportunity to gather his documents and particulars. Accordingly, I am ordering the following schedule:
The Union is to provide to the Employer the grievor’s particulars and all supporting documentation no later than Friday March 30th, 2012.
The Employer shall respond to those particulars no later than April 27, 2012.
The Union can respond to the Employer’s particulars and comments no later than May 11, 2012.
5I expect that any particulars shall be comprehensive. It is my hope that those documents will allow me to determine the grievances. In the event that I am of the view that there is a need for further discussion between the parties I will contact the parties and a date will be scheduled at T.I.C. for this purpose.
Dated at Toronto this 2nd day of April 2012.
Appendix “A”
Grievor
GSB Number
OPSEU File Number
2009-1677
Kruger, William
2009-0521-0051
2009-1678
Kruger, William
2009-0521-0052
2009-2712
Kruger, William
2009-0521-0067
2009-2713
Kruger, William
2009-0521-0068
2009-2714
Kruger, William
2009-0521-0069
2009-2715
Kruger, William
2009-0521-0070
2009-2716
Kruger, William
2009-0521-0071
2009-2717
Kruger, William
2009-0521-0072
2009-2722
Kruger, William
2009-0521-0077
2009-3051
Kruger, William
2010-0521-0003
2009-3052
Kruger, William
2010-0521-0004
2009-3053
Kruger, William
2010-0521-0005
2009-3054
Kruger, William
2010-0521-0006
2009-3055
Kruger, William
2010-0521-0007
2009-3056
Kruger, William
2010-0521-0008
2009-3057
Kruger, William
2010-0521-0009
2009-3406
Kruger, William
2010-0521-0023
2010-0237
Kruger, William
2010-0521-0039
2010-2029
Kruger, William
2010-0521-0091
2010-2030
Kruger, William
2010-0521-0092
2010-2031
Kruger, William
2010-0521-0093
2010-2032
Kruger, William
2010-0521-0094
2010-2033
Kruger, William
2010-0521-0095
2010-3008
Kruger, William
2011-0521-0009
2010-3009
Kruger, William
2011-0521-0010
2010-3010
Kruger, William
2011-0521-0011
2011-0730
Kruger, William
2011-0521-0014
2011-0731
Kruger, William
2011-0521-0015