GSB#; 2017-3338; 2017-3339
UNION# 2017-0232-0021; 2017-0232-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Turner et al)
Union
- and -
The Crown in Right of Ontario (Ministry of the Attorney General)
Employer
BEFORE
Christopher J. Albertyn
Arbitrator
FOR THE UNION
Avril Dymond (Grievance Officer) Ontario Public Service Employees Union
FOR THE EMPLOYER FOR THE THIRD PARTY
Thomas Ayers (Counsel) Treasury Board Secretariat Legal Services Branch Melissa Cox
SUBMISSIONS
Written submissions received
DECISION
1This matter involves a contested job competition for the position of Trial Coordinator for the Superior Court in Kitchener, posted on September 13, 2017.
2Previous decisions were issued on October 1 and 30, 2019.
3Melissa Cox, the incumbent (“the Third Party”), is an interested third party, entitled to participate in these proceedings.
4The grievance of Stephanie Schiedel (2017-0119-0023), referred to in the decision of October 1, 2019, has been referred to the Board as GSB File #2021-0722. That file is consolidated with the other files in this matter.
5I am advised that, in a letter dated 6 July 2021, with the Employer’s approval, the Union advised the Third Party that the Union and the Employer were seeking to resolve this matter by written submissions, along the following schedule:
By 8 October 2021, the Employer will provide its written submissions to the Arbitrator and the other Parties, including submissions regarding its preliminary motion to dismiss Ms. Pasel’s grievance.
By 29 October 2021, the Third Party, Melissa Cox, will provide her submissions.
By 30 November 2021, the Union will provide its submissions.
By 15 December 2021, the Employer will provide its reply submissions.
6I am informed that the Third Party indicated that, by 26 July 2021, she would advise if she had objections to this matter proceeding by written submissions, or to the schedule.
7The Third Party has not identified any objections.
8In the circumstances, I issue the following directions for the further conduct of this matter:
By 8 October 2021, the Employer will provide its written submissions to the Arbitrator and the other Parties, including submissions regarding its preliminary motion to dismiss Ms. Pasel’s grievance.
By 29 October 2021, the Third Party will provide her submissions, if any.
By 30 November 2021, the Union will provide its submissions.
By 15 December 2021, the Employer will provide its reply submissions.
Dated at Toronto, Ontario this 26th day of August, 2021.