GSB#2015-3069; 2015-3070; 2015-3071; 2016-1251; 2016-1574

UNION#2016-0526-0009; 2016-0526-0010; 2016-0526-0011; 2016-0526-0034;

2016-0526-0041

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McGann)

Union

• and -

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

Employer

BEFORE

Barry B. Fisher

Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Stewart McMahon Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 22, 2017

Decision

1On Friday September 22, 2017 the Parties appeared before me to deal with the following five grievances on the basis of article 22.16 of the Collective Agreement, 2015-3069 (2016-0526-0009), 2015-3070 (2016-0526-0010), 2015-3071 (2016-0526-0011), 2016-1251 (2016-0526-0034), and 2016-1574 (2016-0526-0041).

2The Parties proceeded on the basis of materials filed by both parties that included particulars and supporting documents provided by the Union and responding particulars and supporting documents provided by the Employer.

3These materials were supplemented by statements made by Mr. Dag McGann, the grievor, and Mr. Michael Valerio, Manager of Court Operations. On questioning by me Mr. McGann stated that he could fulfill all of the duties of a Court Clerk and Registrar during pre-trial proceedings in all four of the Superior Court of Justice Court Houses to which he is assigned, without the need for any accommodation save for the need to periodically stand and stretch momentarily, which he stated could be done unobtrusively and without disturbing the proceedings. Mr. McGann also told me that he does not require the special chair previously provided to him by the Employer to perform his functions during pre-trials.

4Based on the materials provided to me, the statements made by Mr. McGann and Mr. Valerio, I, with the consent of the Parties, order the Employer to implement a six month trial, effective October 2, 2017, to April 1, 2018, inclusive, during which it will assign Mr. McGann to pre-trials. For clarity there shall be no restrictions on the number, duration or locations of the pre-trial assignments based on Mr. McGann’s assertion that he does not need any accommodation beyond the aforementioned periodic standing and stretching and Mr. McGann is to be scheduled in the same manner as the other Court Clerk and Registrars assigned to pre-trials. For clarity, Mr. McGann will not be assigned to any trials.

5I will remain seized of this matter and if either Party feels that the trial is not progressing in accordance with this Order they may ask that the hearing be resumed.

6The balance of Mr. McGann’s grievances listed in paragraph 1 are dismissed on consent save and except that the Letter of Reprimand dated September 8, 2016 is to be replaced with a Letter of Counsel.

7I am advised that the Union has referred to the Board the following grievances 2016-1855 (2016-0526-0042); 2016-2354 (2016-0526-0048); 2016-2355 (2016-0526-0049); 2016-2356 (2016-0526-0050) and that I am seized with these grievances. With the consent of the Parties I order that to the extent that any of the complaints raised in these grievances include matters included in the grievances that are before me today, those portions of the grievances will be struck as they relate to Mr. McGann. For clarity, this Order in no way precludes his participation in the group grievance asserting that Court Clerks and Registrars are entitled to be scheduled for 7.25 hours per day based on Schedule 3.7.