GSB#2013-3204

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Association of Management, Administrative and Professional Crown Employees of Ontario (Speck)

Association

• and -

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

Employer

BEFORE

Christopher Albertyn

Vice-Chair

FOR THE ASSOCIATION

Marisa Pollock Sack Goldblatt Mitchell LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

Lisa Compagnone Ministry of Government Services Legal Services Branch Senior Counsel

FOR THE ASSOCIATION OF LAW OFFICERS OF THE CROWN (ALOC)

Mark Wright Sack Goldblatt Mitchell LLP Barristers and Solicitors Counsel

HEARING

March 24, 2014

Decision

1AMAPCEO has brought grievances challenging, amongst other things, the grievor’s termination as a public service employee of the MOH (Ministry of Health and Long-Term Care).

2The grievor is also a member of ALOC (the Association of Law Officers of the Crown) as a result of his being recently seconded by the MOH to FSCO (the Financial Services Commission of Ontario). As a consequence of the grievor’s termination by the MOH, his articles and employment were also terminated by FSCO. ALOC has separately filed a grievance challenging the grievor’s termination as an articling student of FSCO.

3Subject to paragraph 5 below and to any jurisdictional arguments the parties may have on the grievances, by consent of the parties, I am seized and have jurisdiction as the vice-chair of the grievances filed by AMAPCEO, and as the arbitrator of the grievance filed by ALOC. It makes sense that the two matters are heard together to avoid unnecessary duplication. This would be done entirely without prejudice and without precedent to any future case in which these parties have an interest.

4I have heard the parties’ preliminary submissions on the order and manner of proceeding. As a result thereof, I give the following preliminary directions.

5Counsel for the employer will take instructions as to whether it will agree to have the grievances heard together, as described in paragraph 3, and advise counsel for AMAPCEO and ALOC.

6Subject to paragraph 5, I will provide an evening date (in May or June) to the parties to hear a preliminary motion by ALOC. The motion is: assuming, for the purposes of the argument, that MOH had just cause to terminate the grievor’s employment, is that sufficient by itself to satisfy both the just cause provisions of the ALOC collective agreement and the requirements for articles of the Law Society of Upper Canada?

7At times to be agreed between employer counsel and ALOC counsel, they will exchange statements of claim and response, with a joint book of documents. They will also provide me their submissions electronically in advance of the evening hearing.

8AMAPCEO will provide to MOH the particulars it sought.

9The parties will make arrangements between them for the exchange of documents and such further particulars as they may need, and for the preparation, if possible, of a joint bundle of documents, ideally electronically as well.

10I will liaise with the parties to arrange 10 additional days of hearing after the hearing date scheduled for September 15, 2014.

11Without prejudice to onus, the employer will present its case first.