GSB#2002-1354
UNION#2002-0517-0001
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 (Charles et al)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors
FOR THE EMPLOYER
Suneel Bahal Ministry of Government Services Labour Practice Group Counsel
HEARING
April 23, 2013.
Decision
1A complicated and protracted litigation process has evolved with respect to these grievances, which deal with similar issues at numerous correctional facilities across the province. While the issues are similar, the results at individual facilities may differ depending upon the particular configuration and timing of local and provincial agreements as they affect those individual facilities. More background detail can be found in a decision issued in these matters on August 29, 2011.
2At the most recent hearing day (and there are many more scheduled) the parties asked me to rule on a particular issue. They made their arguments on the basis of certain agreed facts and also agreed that the process set out in Article 22.16 of the collective agreement should apply to this portion of the proceedings.
3In the interests of expedition in these otherwise protracted proceedings, the parties asked that I issue an extremely abbreviated decision without detailed reasons. They also agreed that it was unnecessary for me to outline the facts in any detail or, indeed, to even reproduce the agreed (and augmented) facts put before me.
4As Appendix "A" to this award demonstrates, a large number of grievances has been referred to me. These include individual, group and union grievances, referred to this Board between approximately 2002 and 2007. With one exception, however, it appears that each of these grievances pertains to only one specific correctional facility (the specific institution may vary from grievance to grievance).
5The exception is a union grievance which has province wide application. It is this grievance (the "999" grievance, as the parties referred to it) which is the subject of the employer motion now before me.
6The 999 grievance, it is common ground, was filed in January 2006 and referred to this Board in April 2006, approximately one month beyond the time stipulated under the collective agreement. Some seven years later, in February 2013, the employer advised the union that it would seek to have this Board dismiss the 999 grievance on the basis of its untimely referral to this Board.
7In the hearing before me, the union did not seek an extension of the collective agreement time limit for the referral of the grievance to arbitration. Rather, it simply asserted that, on the facts before me, the inescapable conclusion is that the employer has long waived any right to object to the tardy referral.
8Having considered the submissions of the parties and the case law referred to, I am satisfied that the union's assessment is correct and the employer must be taken to have waived any reliance on any time limit for the referral of the grievance to arbitration. When I consider the impressive amount of time that has elapsed together with the assortment of significant litigation events which have occurred between the date of the referral and the raising of the instant objection by the employer, I am unable to arrive at any other conclusion.
9The employer's objection is hereby dismissed. Hearing in these matters will continue as already scheduled.
Dated at Toronto this 29th day of April 2013.
Appendix "A"
Grievor
GSB#
Union File#
Lauria, Vincent
2002-2476
2002-0517-0073
Almeida, Edward
2002-2889
2002-0248-0083
MacDonald, Leigh-Ann
2003-2829
2003-0234-0516
Gallagher, Terry
2003-4063
2003-0368-0034
Union
2004-2499
2004-0234-0486
Gallagher, Terry
2004-3640
2005-0368-0008
Union
2006-0144
2006-0999-0003
Allin, Robert
2006-0191
2006-0368-0022
Allin, Robert
2006-0580
2006-0368-0050
Allin, Robert
2006-0956
2006-0368-0058
Quade, Norman
2006-1070
2006-0368-0062
Union
2006-1236
2006-0234-0197
Wells, Jonathan
2006-2356
2006-0368-0200
Sousa, Carol
2007-0697
2006-0252-0094
Sousa, Carol
2007-0698
2006-0252-0095
Winkworth, Erica
2007-1639
2007-0234-0268
McGregor, Tammy
2007-2322
2007-0369-0083
McCutcheon, Victor Scott
2007-2615
2007-0369-0112