PSGB# P-2018-3883, P-2019-1466, P-2019-2332
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Charlton
Complainant
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Andrew Tremayne
Vice Chair
FOR THE COMPLAINANT
Cassandra Charlton
FOR THE EMPLOYER
Peter Dailleboust Treasury Board Secretariat Legal Services Branch Counsel
CONFERENCE CALL
January 22, 2020
Decision
1Ms. Charlton has filed four separate complaints with the Board. The first complaint, which is dated March 22, 2019 (Board file P-2018-3883), alleges discrimination on the basis of family status (specifically the denial of overtime opportunities) arising from an incident in January 2018. This matter is scheduled for hearing on March 10, 2020.
2The second complaint, which is dated September 6, 2019 (Board file P-2019-1466), alleges discrimination on the basis of family status, disability, and gender. Particulars of incidents which are alleged to have taken place after September 2018 and up to September 2019 are provided. This matter is scheduled for mediation on January 28, 2020. In its response (Form 2) the employer says that it has no position to mediate for this complaint and asks that the hearing commence on January 28, 2020.
3The third complaint is dated December 23, 2019 (Board file P-2019-2332). This complaint is very similar to the second complaint, except that it includes particulars of incidents which are alleged to have occurred up to November 2019. The complaint also refers to correspondence from the employer dated November 27, 2019 notifying Ms. Charlton of an Allegation Meeting which is scheduled for December 4, 2019.
4The fourth complaint is dated January 16, 2020. This complaint is similar to the second and third complaints, with the difference that it also asks that discipline which was imposed by the employer on December 10, 2019 (as the outcome of the Allegation Meeting) be rescinded. This complaint has not yet been assigned a file number by the Board.
5The Board’s rules allow it to consolidate cases in the following circumstances:
- The Board may consolidate or hear cases at the same time or immediately one after the other when it appears to the Board that:
(a) the complaints have a question of law or fact in common;
(b) the relief claimed in the complaints arises out of the same transaction or occurrence or series of transactions or occurrences, or;
(c) for any other reason an order ought to be made under this rule.
6The parties were asked to make submissions as to whether some or all of these files should be consolidated or heard at the same time. The Board also heard from the parties as to whether they are in a position to proceed to a mediation or hearing on any of these matters on January 28, 2020, and whether there are any other preliminary matters that should be addressed at this time.
7The parties agree that it would be appropriate for the second, third, and fourth complaints (specifically: Board file P-2019-1466, Board file P-2019-2332, and the recently filed complaint dated January 16, 2020) to be consolidated. It appears to the Board that all of these files have questions of law or fact in common, and that the relief claimed in the complaints arises out of the same transaction or occurrence or series of transactions or occurrences. As a result, it is appropriate that these files be consolidated and the Board so orders.
8The parties agree that the first complaint (Board file P-2018-3883) should be heard separately and not consolidated with the other three files. It appears to the Board that this complaint raises separate issues of law or fact, and that it arises out of a separate and discrete occurrence. Moreover, this matter is already scheduled to be heard on March 10, 2020, and the parties agree that they are in a position to proceed with the hearing of this complaint (but not the other three complaints) on that date. As a result, it is not appropriate to consolidate this file with the other three. Board file P-2018-3883 will continue to be a separate file and will be heard as scheduled on March 10, 2020.
9It appears that there are some preliminary issues to be addressed with respect to the three consolidated files, including requests for production of documents and which party will proceed first. The employer has also said that it does not have a position to mediate for the matter which is scheduled for mediation on January 28, 2020. As a result, the Board can see no useful purpose to proceeding with either a mediation or a hearing at this time, so this date is hereby cancelled.
10To summarize:
a. Board file P-2019-1466, Board file P-2019-2332, and the recently filed complaint dated January 16, 2020 are hereby consolidated. These matters are referred to the Registrar so that hearing dates may be scheduled.
b. The parties are encouraged to resolve the preliminary issues mentioned above (or any others) well in advance of the first hearing date. If they are unable to do so, they are encouraged to request a conference call so that these issues can be addressed will in advance of the first hearing date.
c. Board file P-2018-3883 will proceed as scheduled on March 10, 2020.
11I remain seized.
Dated at Toronto, Ontario this 24th day of January 2020.