GSB#2013-0936, 2013-0937, 2013-0938

UNION#2013-0228-0052, 2013-0228-0053, 2013-0228-0054

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ellis)

Union

• and -

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Mary Lou Tims

Vice-Chair

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Roslyn Baichoo Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 25, 2015

Decision

1An Interim Decision dated June 2, 2015 was issued by the Board in these matters.

2The hearing was convened on September 25, 2015. An issue was raised at that time that the grievor may not have received the June 2, 2015 Interim Decision in a timely manner.

3After hearing the submissions of Counsel, I orally issued a further Interim Order, in the presence of the grievor.

4The grievor was afforded the opportunity to ask questions during the hearing with respect to this Order, and to consult with the Union’s representative. He confirmed that he fully understood the Order. In particular, he confirmed that he understood that the Employer takes the position that there were no grounds upon which the June 1, 2015 hearing should have been adjourned, and that the grievor’s failure to attend the hearing that day, viewed in the overall context of the grievances, should lead me to dismiss the grievances. The grievor confirmed as well that he is aware of the timeframe during which he must produce documentary evidence to the Union. He acknowledged that he has been consulted in this regard, and he agreed that the timeframe contemplated in the Order is appropriate and fair.

5My Order, communicated orally to the parties during the hearing, is as follows:

i. The grievor is to produce to the Union no later than October 13, 2015, any documentary evidence upon which he relies in support of the Union’s request to adjourn the June 1, 2015 hearing.

ii. The Union will produce forthwith to Employer Counsel any such evidence which it receives from the grievor.

iii. If the Employer agrees that the adjournment of the June 1, 2015 hearing was warranted upon review of any evidence provided to it in accordance with paragraph (ii), Employer Counsel will so advise Union Counsel and the parties will request that the Board schedule a date for the hearing of the grievances to proceed.

iv. If the Union fails to provide any documentary evidence to the Employer, or if it produces evidence which the Employer views as insufficient to support the Union’s request for an adjournment of the June 1, 2015 hearing, Employer Counsel will so advise the Union.

v. The hearing will be reconvened at that time to hear the Employer’s motions that the June 1, 2015 adjournment request was not warranted and that the grievances should be denied.

vi. The parties acknowledge that there is as of yet no evidence before the Board upon which the Employer’s motions will be decided. It will be open to the parties to put before the Board agreed facts or to call viva voce evidence upon which the motions contemplated in paragraph (v) will be decided.

vii. The grievor is ordered to provide to the Union today his current contact information, including mailing address, telephone number and e-mail address. Should any of his contact information change before the final resolution of these grievances, he is to provide updated contact information forthwith to the Union’s representative.

viii. The parties both agree that if the hearing of the grievances proceeds on the merits, no liability will accrue from February 24, 2014 until the date that the hearing on the merits first commences.

6My jurisdiction in these matters is retained.