GSB#2010-2380

UNION#2010-0224-0031

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lefkowitz)

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

Eric del Junco Counsel

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Counsel

HEARING

November 27, 2015

Decision

1On February 6, 2015, this Board issued a decision regarding the grievance of Marsha Lefkowitz wherein it was determined that the Employer had breached Article 9.1 of the Collective Agreement. The matter of damages was remitted to the parties for resolution.

2The Employer raised an objection to this Board’s jurisdiction to award damages that result from a work place injury in accordance with Re The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) & OPSEU (Monk) GSB#1995-1684 (Gray)

3Following the raising of this jurisdictional issue by the Employer, a hearing date was scheduled for November 27, 2015 in order to address this jurisdictional issue. Upon the reconvening of the hearing, the parties agreed to adjourn the matter sine die for a period of six months to further consider their positions in relation to this issue.

4Based on the agreement of the parties, this matter is adjourned sine die for six months. If neither party seeks to have this matter re-scheduled for further hearing before May 27, 2016, this Board shall deem the matter concluded and will close its file.