IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Laird
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Kathleen G. O’Neil
Vice-Chair
FOR THE GRIEVOR
Murray Laird
FOR THE EMPLOYER
Lucy McSweeney Counsel Management Board Secretariat
TELECONFERENCE
April 27, 2004.
Decision
This decision sets out the results of a conference call held on April 28, 2004 to deal with preliminary issues, including employer counsel’s request for particulars.
There are two broad areas of dispute included in the file before me, which bears PSGB #P-2003-0799. These will be referred to for ease of reference as Issue #1, or the pay for performance issue and Issue #2, or the failure to follow policy issue.
Having heard and considered the submissions of Ms. McSweeney and Mr. Laird, the Board directs as follows:
The hearing set for May 17, 2004 is hereby adjourned on consent of the parties.
Issue #1, arising from the statement of grievance referred to in Ms. McSweeney’s letter of April 27 as: “I grieve that the employer failed to properly implement the pay for performance policy, in an equitable way”, is deferred to such time as the Board has dealt with the issue of reconsideration of the Board’s February 5, 2004 decision in PSGB File #P-2003-2373 (Lee). The information offered by Ms. McSweeney was that argument on that matter was scheduled to take place in September 2004. Once the decision in that matter is available, either party may contact the Registrar to schedule a date for the Board to hear argument as to the employer’s objection to the arbitrability of Issue #1.
Issue #2 arising from the statement of grievance referred to in Ms. McSweeney’s letter of April 27 as: “I grieve that the employer has failed to follow its own policies and procedures related to compensation on any of my acting assignments/direct assignments/promotions within the MCP categories, since 1998,” will be heard on a date after July 22, 2004, to be set by the Registrar in consultation with the parties.
Mr. Laird is to provide employer counsel with particulars of his grievance in regards to Issue #2, by the end of the day on June 22, 2004. These particulars must include the material facts on which Mr. Laird intends to rely, and at a minimum must identify:
(a) Which representatives of the employer are alleged to have taken what inappropriate action,
(b) In respect of what portions of what policies or procedures,
(c) On what date or dates,
(d) In respect of which of the grievor’s assignments or promotions and
(e) What if any documentation other than the text of the policies identified in (b), the grievor intends to rely on.
Employer counsel advised that she would consider Mr. Laird’s requests for disclosure and whether there were any further objections to arbitrability or timeliness in light of the particulars once they are received.
- Once Mr. Laird has provided particulars, either party may request mediation if so advised.
Dated at Toronto this 30th day of April 2004.