Ontario Public Service Employees Union (Heathcote) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2013 CanLII 74178

GSB#2010-2669, 2010-2670

UNION#2011-0234-0003, 2011-0234-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Heathcote)

Union

• and -

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

Employer

BEFORE

Daniel Harris

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Jonathan Rabinovitch Ministry of Government Services Legal Services Branch Counsel

CONFERENCE CALL

October 4, 2013

Decision

1This matter came on for a teleconference hearing on October 4, 2013. It is scheduled for hearing on October 29, 2013. The Union seeks an adjournment, which the Employer opposes.

2The basis of the adjournment request is that the grievor is currently on LTIP and the nature of his illness prevents him from assisting in the preparation of his case and participating in the hearing itself. The Employer agreed to an adjournment of the previous hearing date of March 18, 2013. That date was adjourned for substantially the same reasons as the present request. The Employer submitted that some of the allegations stretch back to 2007. It said that it was unfair to prolong further the proceedings given the already significant delay. The hearing will largely turn on the facts, and witnesses’ recall and availability is diminishing.

3Having carefully considered the matter with a view to balancing the prejudice to the parties, in my view it is appropriate to grant an adjournment of six months in order to provide the grievor the opportunity to participate in the litigation of his grievance.

4Accordingly, the request for an adjournment is granted.