Ontario Public Service Employees Union (Hunt et al) v. The Crown in Right of Ontario (Ministry of Attorney General), 2010 CanLII 18889

GSB#2001-0534, 2003-2944, 2008-3397

UNION#2001-0551-0001, 2003-0999-0023, 2008-0526-0018

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hunt et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Attorney General)

Employer

BEFORE

Randi H. Abramsky

Vice-Chair

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes, LLP Barristers and Solicitors

FOR THE EMPLOYER

Len Hatzis Ministry of Government Services Counsel

HEARING

March 9, 2010.

DECISION

Having heard the submissions of the parties, the Board hereby Orders:

1The Union shall deliver to the Employer within 45 days of the date of this Order, full particulars related to its claims for retrospective relief in the following manner:

(a) The Union shall particularize the identity of each individual it is asserting a claim for retrospective relief;

(b) The Union shall particularize the dates and times associated with the work performed (transcript production) by the individuals noted in (a) that it asserts deserve retrospective relief;

(c) The Union shall particularize specifically how the Collective Agreement applies to the individuals noted in (a) including but not limited to setting out which Articles of the Collective Agreement apply in the circumstances and quantifying the claim for each individual;

2In the event the Union Dues document (detailed in the appendix to the Collective Agreement) provided by the Employer to the Union on a regular basis, does not identify the employees’ classifications, the Union must advise the Employer by March 15, 2010. The Vice-Chair will convene a teleconference to deal with any disclosure issues in dispute.

3Given the relatively brief timeline for compliance, in the event the Union is not able to meet the timelines set out above, it shall schedule a teleconference or hearing to deal with the timelines or any other issues with respect to this Order.