GSB# 2002-3195

UNION# 2002-0323-0020

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bradbury)

Union

• and -

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

Employer

BEFORE

Reva Devins

Arbitrator

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 8, 2018

Decision

1The parties have agreed to proceed by expedited mediation/arbitration pursuant to Article 22.16 of the Collective Agreement. Arbitration decisions issued in accordance with this article are without reasons, prejudice or precedent.

2The parties provided me with their submissions, including the facts, arguments and authorities they relied upon. The Employer submitted that the parties had agreed to a negotiated settlement of this matter and, in the alternative, that the terms of their agreement represents an appropriate and sufficient remedy in the circumstances of this case. The Union, reviewed the concerns of the Grievor with respect to various aspects of the settlement and put forward a significantly greater amount being sought by the Grievor as damages.

3Having considered the submissions of the parties, the evidence and case law submitted to me, I have determined that the Union and the Employer reached a binding settlement with respect to this matter, which is accurately reflected in the terms set out in the written Minutes of Settlement prepared by the Employer. Therefore, I find that the Minutes of Settlement, attached as Appendix B to Exhibit 1, is in effect and is determinative of all outstanding issues in this matter.

4I will, however, remain seized in the event that an issue arises with respect to the interpretation, application or implementation of this decision.