GSB# 2015-1908
UNION# 2015-5112-0176
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Manna et al)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Reva Devins Arbitrator
FOR THE UNION
Ed Holmes Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel
HEARING
November 6, 2019
DECISION
1A group grievance was filed on April 12, 2015 and proceeded by expedited mediation/arbitration, pursuant to s. 22.16 of the Collective Agreement. In a decision issued on April 19, 2018, the Employer was ordered to pay damages to every Grievor who met certain conditions.
2An issue has now arisen with respect to the implementation of that decision. The parties have been unable to resolve which Grievors have met the conditions that would make them eligible to receive damages. The parties asked that the matter continue to proceed under Article 22.16, including a decision without reasons and without prejudice or precedent.
3This confirms that I have issued an oral ruling determining eligibility to receive damages with respect to all of the disputed individuals. To preserve the confidentiality of those affected, I decided not to name the individual Grievors in a written decision and advised the parties orally which Grievors are entitled to damages instead.
4I will remain seized in the event that any further issues arise with respect to the interpretation, application or implementation of this or the earlier decision.
Dated at Toronto, Ontario this 7th day of November 2019.