GSB# 2012-0209; 2012-0210; 2012-0211; 2012-0212; 2012-0213; 2012-0214; 2012-0215;

2012-0216; 2012-0217; 2012-0218; 2012-0219; 2012-0220; 2012-0221;

2012-0232; 2012-0498; 2012-0574; 2012-0575; 2012-0577; 2012-0633

UNION# 2012-0530-0009; 2012-0530-0010; 2012-0530-0011; 2012-0530-0012; 2012-0530-0013; 2012-0530-0014; 2012-0530-0015; 2012-0530-0016; 2012-0530-0017; 2012-0530-0018;

2012-0530-0019; 2012-0530-0020; 2012-0530-0021; 2012-0530-0022; 2012-0517-0021;

2012-0530-0033; 2012-0530-0034; 2012-0530-0036; 2012-0530-0039

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Blacquiere et al)

Union

• and -

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

Employer

BEFORE

Christopher Albertyn

Vice-Chair

FOR THE UNION

Eric del Junco Barrister and Solicitor

FOR THE EMPLOYER

Suneel Bahal Ministry of Government Services Legal Services Branch Counsel

HEARING

May 13, 2014

Decision

1This decision sets out the procedure for the further conduct of the case.

2The decisions ultimately to be issued in this matter will record that the case has been conducted under Article 22.16, the parties’ expedited procedure, though reasons will be provided for the conclusions reached.

3The union has provided a statement dated April 6, 2014 setting out the facts on which it seeks to rely. The employer will provide a statement setting out the facts on which it seeks to rely by June 30, 2014. The union may file any reply by August 31, 2014.

4The determination of liability will be bifurcated from the determination of remedy.

Liability

5The issue to be determined in the first instance, the threshold issue, is the following:

i. On the assumption that an enhanced employer response would have ameliorated some harm to the grievors occasioned by the press statements published on March 5 & 6, 2012, given all the relevant circumstances, did the employer’s failure to respond, publicly and/or internally, constitute a breach of the collective agreement, and/or the Ontario Human Rights Code, and/or a previous order of the Board?

6The issue of liability will be argued on the basis of the statements provided by the parties in conjunction with any agreed upon documents.

Remedy

7This description of the issue expressly leaves over for later determination the following issues:

a. the extent of harm suffered by any grievor;

b. the apportionment to the employer of blame for any harm; in other words, the likely impact of any amelioration by an enhanced employer response, internal or external, compared to the impact of the press statements themselves, in the absence of any union response.

8In accordance with the agreed bifurcation, each party reserves all rights as to disclosure of information, production, and the conduct of the case with respect to the issues left over for later determination. Procedural arrangements will need to be made for this second phase, if the union is successful on the threshold issue described above.

9The Registrar will liaise with the parties to arrange a hearing date to hear the threshold issue.