GSB#2002-2441

UNION#2002-0999-0018

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union)

Union

• and -

The Crown in Right of Ontario (Treasury Board Secretariat)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Richard Blair Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Omar Shahab Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 12, 2015

Decision

1In the circumstances of this case, I have determined that it is appropriate to place restrictions on how the terms of the settlement between the parties is publicized and referenced.

2I direct that the parties only disseminate the terms of the settlement in the following fashion. The Union will notify the bargaining members of this resolution by posting the statement set out at “Appendix B” on the OPSEU website. The Union is not to otherwise post the terms of the settlement or this order in the workplace, provide it to the bargaining unit membership through any form of mass distribution, or post its terms publicly. The Union is not to make any comments or statements about the terms of the settlement or this order, except to the extent necessary to explain the operation of the terms of the settlement to the bargaining unit members. If a bargaining unit member seeks information from the Union or Employer about how the litigation in this matter was resolved, the Union will provide that member with this order, and adhere to the restrictions I have outlined above.

3The Appendices referred to herein follow.

Dated at Toronto this 19th day of January 2015

APPENDIX A

GSB No. 2002-2441

MEMORANDUM OF SETTLEMENT

Between:

ONTARIO PUBLIC SERVICE EMPLOYEES UNION

THE CROWN IN RIGHT OF ONTARIO as represented by

• and -

The Ministry of Government Services

COURT REPORTER BUI GRIEVANCE SETTLEMENT

WHEREAS the Ontario Public Service Employees Union (the “Union”) filed grievances in March 2010 alleging that the Ministry of the Attorney General (the “Employer”) breached the collective agreement by using non-bargaining unit court reporters to take the record in the Brampton and Toronto courts;

AND WHEREAS the Parties agree to the full and final settlement of the above noted grievances related to the Brampton and Toronto courts, without precedent or prejudice to other matters before the parties;

The Parties agree to the following terms:

1. The Employer confirms that between July 1, 2014 and March 31, 2015 it will fill a minimum of Thirty Nine (39) court reporter positions, or positions that support court reporting, in the Brampton and Toronto Courts.
2. The Employer will pay the Union Twenty Five Thousand, Six Hundred and Eighty Two Dollars ($25,682.00) within 60 days of the date of this settlement for lost union dues.
3. On January 15, 2016, the Employer will provide to the Union all invoices for all non-bargaining unit court reporter usage for the period from September 1, 2014 to December 31, 2015.
4. The Employer will pay the Union an amount representing union dues lost through non-bargaining unit court reporter usage from September 1, 2014 to December 31, 2015, in the Brampton and Toronto courts, using the same formula used to calculate the amount in paragraph 2. This payment will be made within 60 days of January 15, 2016.
5. With the exception of any amounts that may be paid under paragraph 4, the Union agrees that the Employer will incur no liability for its use of non-bargaining unit court reporters until December 31, 2015, and undertakes not to file any grievances challenging the Employer’s use of non-bargaining unit court reporters in the Brampton and Toronto Courts, until January 31, 2016.
6. The Union hereby releases and forever discharges the Crown in Right of Ontario and the Employer, its servants, agents and directors of and from all actions, causes of action, grievances, claims and demands of every nature and kind arising out of, and as a result of the grievance and the circumstances giving rise to the grievance (which involved the allegation that the Employer breached the collective agreement by using non-bargaining unit court reporters to take the record in the Brampton and Toronto courts), and from any liability based on paragraph 5, including but not limited to all claims under the Employer’s Workplace Discrimination and Harassment Policy, the Ontario Human Rights Code, the Public Service of Ontario Act, the Occupational Health and Safety Act, the Labour Relations Act, the Employment Standards Act and the common law, up to and including December 31, 2015.
7. The Parties agree that this settlement constitutes the entire agreement between the Parties and supersedes any and all prior oral or written agreements, arrangements or understandings between them related to the use of non-bargaining unit court reporters in the Brampton and Toronto Courts.
8. The Union agrees that the above-noted grievances related to the use of non-bargaining unit court reporters in the Brampton and Toronto courts are hereby withdrawn.
9. Nothing in this settlement constitutes an admission of liability by any party.
10. Vice-Chair Bram Herlich will be seized with any dispute concerning the implementation of this settlement.

Dated January 12, 2015

For the Union For the Employer

Appendix B

The Ministry of the Attorney General (MAG) and the Ontario Public Service Employees Union (OPSEU) have arrived at a settlement in relation to the usage of agency court reporting services in the Toronto and Brampton court locations.

A copy of the settlement and the order of the GSB may be obtained by contacting Art Slade, Inclusions Officer, OPSEU, at 1-800-268-7376 ext. 8365 or at aslade@opseu.org.