GSB#2012-4123

UNION#2012-0649-0035

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Chaudhary)

Union

• and -

The Crown in Right of Ontario (Ministry of Natural Resources)

Employer

BEFORE

Gordon F. Luborsky

Vice-Chair

FOR THE UNION

Richard Blair Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Thomas Ayers Ministry of Government Services Legal Services Branch Counsel

HEARING

March 5, 2014

Decision

1The parties agree that I am properly seized of a grievance alleging, among other things, contravention of the Employer’s Workplace Discrimination and Harassment Policy (WDHP) based on origin, sex and ethnic origin and sexual orientation.

2At the first day of proceedings into this matter, the parties with my assistance devised a “protocol” for marshalling their further discussions and evidence, with the objective of either resolving the dispute themselves or exchanging sufficient information and documentation to put the parties in a position to proceed efficiently with a hearing on the merits of the dispute.

3I therefore confirm the parties’ protocol as an order of this board of arbitration, as follows:

a) The Employer will advise the Union on aspects of the Union’s current settlement proposal that are agreeable and/or require modification (and details of such modification) by April 7, 2014;

b) Failing resolution of the grievance by that point, the parties will exchange particulars and make requests for documentary disclosure by May 12, 2014;

c) Arising out of the foregoing, the parties will make documentary disclosure to each other, as applicable, by June 13, 2014;

d) Following disclosure, the parties will identify any issues respecting the sufficiency of particulars and/or disclosure, and in the event they are unable to agree on such matters, they shall schedule a telephone conference with me, to occur (subject to mutual agreement to the contrary) by July 30, 2014;

e) Assuming the parties have not resolved the grievance by that date, the parties will, also by the telephone conference contemplated above, advise me of (a) the number of witness and their names; (b) the number of hearing days anticipated; and (c) they will be prepared to canvass with me dates for the continuation of the formal hearing accordingly;

f) Notwithstanding the foregoing, August 21, 2014 will be set for commencing the formal hearing and/or completing the mediation process.

4In accordance with the forgoing protocol I shall remained seized and will be available by way of telephone conference to resolve any difficulties related to compliance with the terms herein.