PSGB#2016-0603, P-2016-0610, P-2016-0611, P-2016-0612

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Ashdown et al

Complainant

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Marilyn A. Nairn

Vice Chair

FOR THE COMPLAINANTS

Steven Ashdown Marc Lachance Kevin Spike Patrick Barnes for Susan Spike

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 17, 2017

Decision

1Four applications were set down for hearing in Ottawa on January 17, 2017. Included were File Nos. P-2016-0603 (Ashdown), P-2016-0610 (Lachance), P-2016-0611 (Spike, K.), and P-2016-0612 (Spike, S.). At the hearing, three of the complainants were represented. I was advised that Mr. Lachance was ill and could not attend. The Board’s decision dated February 3, 2017 notes that absence and states at paragraph 4 that the decision considers the evidence and submissions received with respect to the remaining three applications.

2Paragraph 30 of the Board’s February 3, 2017 decision directed that the decision be provided to Mr. Lachance, who was then provided with 30 days from that date to indicate to the Board in writing whether he sought any further opportunity to be heard by the Board, and, if so, the basis for any such request.

3It has come to my attention that the Board did not provide the February 3, 3017 decision to Mr. Lachance. It was sent to Mr. Ashdown and employer counsel. In that circumstance, it is not apparent to me that Mr. Lachance has received a copy of the decision and the direction contained therein.

4I therefore direct that the decision dated February 3, 2017 in these matters be forwarded by the Board directly to Mr. Lachance. A copy of that decision is also to be provided by the Board to any of the other named complainants who were not previously provided with such a copy. At that time, the Board is to provide each of the four named complainants with a copy of this direction as well.

5Further to paragraph 30 of the decision dated February 3, 2017, Mr. Lachance will have 30 days from the date of this direction to indicate in writing to the Board whether he seeks any further opportunity to have his matter heard by the Board, and, if so, the basis for any such request. Absent any such response, his complaint will be dismissed.