GSB#2013-0566, 2013-0567, 2013-0771, 2013-0772, 2013-0773, 2013-0774

UNION#2013-0468-0012, 2013-0468-0015, 2013-0468-0010, 2013-0468-0011, 2013-0468-0013, 2013-0468-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hurov)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Jennifer Richards Ministry of Government Services Legal Services Branch Counsel

CONFERENCE CALL

October 24, 2013

Decision

1This case is about surplusing. A mediation in this matter was held on September 13, 2013. At this time, the parties were unable to reach a settlement. Subsequent to the mediation, continuation dates were set on April 29, 2014; May 2 & 14, 2014; and June 23 & 25, 2014.

2The grievor is no longer employed in the Ontario Public Service (“OPS”) and has moved out of the province. As such the union on his behalf sought to adjourn all of the continuation dates which had been set, except for June 23, 2014, indicating that it would be difficult for the grievor to obtain time off work from his new job and to come back to Toronto.

3During the conference call scheduled to deal with the adjournment request, the employer did not object to the granting of an adjournment provided that any ongoing liability which it might incur as a result of the delaying of the hearing of this matter, was limited. The union opposed this request.

4I agree that it is appropriate in this situation to limit the employer’s liability. Therefore, any entitlement to wages or other compensation which might ultimately accrue to the grievor as a result of the litigation of this grievance shall not be borne by the employer. We have agreed to use June 23, 2014 for mediation. Should we be unable to resolve this matter, the employer will not bear any responsibility for any compensation to which the grievor might ultimately be found to be entitled to for the period of time between June 25, 2014 and the first continuation date we may set in this case.

5This matter will continue on June 23, 2014. In the event that the parties have any difficulty implementing this decision, I shall remain seized.