GSB# 2017-3196

UNION# 2017-0468-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Perry)

Union

• and -

The Crown in Right of Ontario

(Ministry of Health and Long-Term Care)

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

John Brewin

Ryder Wright Blair & Holmes LLP

Counsel

FOR THE EMPLOYER

Stewart McMahon

Treasury Board Secretariat

Legal Services Branch

Senior Counsel

TELECONFERENCE

June 7, 2019

Decision

1The grievance before me involves a claim by Ms. C. Perry that she was improperly denied a direct assignment to a Business Analyst position at Kingston, Ontario, after she had been laid off from her Analyst position with the Ministry. The Ministry had determined that she was not entry level qualified for the Business Analyst position. Ms. Perry is currently employed by Service Ontario. The hearing of her grievance is scheduled to commence on June 11, 2019.

2The Union has requested that it be permitted in the circumstances to have one or two of its witnesses testify by either videoconference or teleconference. The witnesses reside at Kingston or in the Kingston area. The Ministry has opposed the Union’s request. This matter was addressed by a conference call on Friday, June 7, 2019. I advised counsel that I would attempt to provide the parties with a brief decision on June 7, 2019. I have considered the facts and the submissions of counsel. Having regard to the usual factors that arbitrators consider when deciding this type of issue, I am satisfied that the circumstances in this case are not sufficiently compelling or exceptional so as to warrant the conclusion that it would be appropriate for the Union to have one or two of its witnesses testify by video or teleconference. The Union’s request is therefore denied.