FPSLREB Decisions
Decision Information
Suspension (10 days) - Removal of the adjudicator - the grievor grieved a two-week suspension - at the hearing, the grievor presented a motion for recusal, alleging that the adjudicator had deprived him of a fair hearing, in that the adjudicator had been unable to approach the matter in an impartial manner - the adjudicator denied the motion, as he was satisfied that he had dealt with the evidence in a manner that was appropriate at the time and in the circumstances, that the grievor's case had not been prejudiced in any way and that he had not pre-judged the grievor's case: (1999) 35 PSSRB Decisions 33 - at the reopening of the hearing, the employer stated that, even though there were no legal grounds for the adjudicator to remove himself, it would be, in the circumstances of the case, in the interest of the parties that he did so - the grievor agreed to this statement - the adjudicator agreed that there were no legal grounds for him to recuse himself and was prepared to continue with the hearing - he decided however that, in light of the agreement of the parties, and given the circumstances of the case, he would not proceed any further with the hearing - the adjudicator removed himself from the case. The adjudicator removed himself from the case.
Decision Content
File: 166-2-28144 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN JOHN RICHARD McELREA Grievor and TREASURY BOARD (Industry Canada)
Employer
Before: Jean Charles Cloutier, Board Member For the Grievor: Pascale-Sonia Roy, Counsel, and Lyette Babin, Professional Institute of the Public Service of Canada
For the Employer: Kathryn A. Hucal, Counsel Heard at Ottawa, Ontario, March 23 to 26; and September 8, 1998; January 11 and 12; February 4 and 5; March 2, 9 and 10; April 13 to 15; and June 1, 1999
Decision Page 1 DECISION Mr. Rick McElrea, a Senior Trade Officer at the CO-3 classification level in the Industry Sector at Industry Canada, in Ottawa, Ontario, is grieving a ten-day suspension without pay.
The hearing in this case has been somewhat difficult from the outset and has involved a great deal of procedural wrangling between counsel. On February 5, 1999, counsel for the grievor presented a motion for my recusal from the case. The motion was opposed by counsel for the employer. On February 11, 1999, I issued an interim decision dismissing the motion. The hearing then resumed on the dates scheduled.
At the beginning of the hearing (continuation) on June 1, 1999, counsel for the employer put forward the position that, even though there are no legal grounds that would require me to remove myself from this case, it would, in the circumstances, be in the interest of all parties if I were to do so. Counsel for the grievor supported that position.
I have carefully considered the position put forward by counsel for the employer this morning and agree that there are no valid legal reasons for me to recuse myself of this case. As such, I am quite prepared to continue with the hearing. However, I am nevertheless mindful that both parties now agree that, in the circumstances, it would be in the interest of all concerned if I did not proceed with this case.
Accordingly, in light of the special circumstances that have developed, I hereby remove myself from this case.
Jean Charles Cloutier, Board Member
OTTAWA, June 1, 1999. Public Service Staff Relations Board