GSB# 2017-3776; 2017-3777; 2017-3778; 2017-3779; 2017-3780; 2017-3781

UNION# 2017-0579-0011; 2017-0579-0012; 2017-0579-0013; 2017-0579-0014;

2017-0579-0015; 2017-0579-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Jacobs et al)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Brett Hughes Dewart Gleason LLP Counsel

FOR THE EMPLOYER

Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 13, 2020

Decision

1These grievances came before me under s.22.16 of the Collective Agreement.

2Grievances 2017-0579-0012, 2017-0579-0013 and 2017-0579-0016 concern allegations that the Employer failed to provide the grievors with attendance credits in accordance with the Collective Agreement.

3Grievances 2017-0579-0011, 2017-0579-0014 and 2017-0579-0015 pertain to allegations that the Employer failed to convert the grievors from fixed-term positions into regular full-time positions in accordance with the Collective Agreement or alternatively that vacancies existed during the relevant time frame that should have been posted and filled by the grievors.

4On January 13, 2020 the parties attended a hearing to deal with preliminary matters. Based on discussion that day between the parties, I confirm and order the following:

A) The Employer confirms that it will not be raising any preliminary objections.

B) No later than February 5, 2020, the Employer will produce documentation to the Union, with a copy to the GSB, responding to each of the Union’s production requests outlined in Mr. Hughes letter to Mr. MacLean dated January 7, 2020.

C) No later than February 12, 2020, the Union will provide the grievors’ will-say statements to the Employer with a copy to the GSB.

D) For the purpose of dealing with timeliness and scope of the grievances, the time-frame for considering all issues pertaining to attendance credits, posting and filling of vacancies and conversion from fixed-term to regular full-time positions shall go back until May 14, 2016, subject to the parties confirming on February 19, 2020 the exact date for conversion based on the timing of pay cycles.

5This matter is scheduled to continue on February 19, March 18, July 14 and September 15, 2020.