GSB#1994-0232

UNION#94D367

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sidhu)

Union

• and -

The Crown in Right of Ontario (Ministry of Agriculture and Food)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

Omar Shahab Ministry of Government Services Legal Services Branch Counsel

HEARING

November 15, 2012; Teleconference November 29, 2013

Decision

1This case was resolved over ten years ago. This is yet another in an impressive series of instances in which the grievor alleges that the employer has failed to live up to the obligations of the settlement (as amended). Some of the history and parameters of this matter are set out in a decision dated February 23, 2011.

2That case involved allegations of breach similar to the ones now alleged. For reasons set out in the previous decision, I found that there had been a breach but limited the remedy to a declaration.

3In the present case, the grievor alleges fresh violations of a type similar to those which were the subject of the prior decision. The more recent violations are said to have occurred in July and August 2010 and in November 2012.

4The matter came before me in November of last year, at which time the union indicated that the relief it was seeking was limited to a declaration. The parties were unable to conclude the matter on that day and it was scheduled for continuation. That continuation date had to be rescheduled as a result of health related issues and the matter was ultimately scheduled to continue on December 2, 2013.

5At the request of the employer, counsel appeared before me, by way of teleconference, on November 29, 2013. Employer counsel indicated that the employer was prepared to concede that there have, as alleged by the grievor, been breaches of the employer’s obligations under the terms of the settlement between the parties. And the employer also indicated that it did not object to this Board issuing the declaratory relief sought by the union.

6Having regard to the positions of the parties, I hereby declare that the employer has breached the terms of the settlement between the parties. No other relief will flow. The hearing scheduled for December 3, 2013 is cancelled.