GSB#2010-1825, 2010-2457

UNION#2010-0517-0042, 2010-0582-0060

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Warling)

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

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Susan Munn Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 28, 2016

Decision

1Prior to our first scheduled hearing date the parties agreed to consolidate the grievances of two Correctional Officers, Mr. Paul Canavan and Mr. Terry Warling, before this Board. All of their grievances alleged various violations of the collective agreement as the result of the Employer’s implementation of its Attendance Management Program. By agreement the hearing began with the calling of evidence regarding the grievances of Mr. Warling.

2Unfortunately, Mr. Warling died quite unexpectedly. The parties then made submissions as to how the hearing should proceed. After consideration of the unique facts and submissions of the parties, I am of the view that the grievances of Mr. Warling should be held in abeyance until we have completed the hearing for Mr. Canavan. At the conclusion of the litigation of Mr. Canavan if there remains an outstanding issue that has not yet been addressed by this process, Mr. Warling’s grievances will come back before this Board.

3This decision is without prejudice or precedent and is as the result of the most unusual facts that surround these grievances.