GSB# 2002-1354; 2003-4063; 2004-3640; 2006-0144; 2007-2322; 2016-2860

UNION#2002-0517-0001; 2003-0368-0034; 2005-0368-0008; 2006-0999-0003;

2007-0369-0083; 2017-0368-0023

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Charles et al)

Union

• and -

The Crown in Right of Ontario

(Ministry of the Solicitor General)

Employer

BEFORE

Bram Herlich

Arbitrator

FOR THE UNION

Ed Holmes

Ryder Wright Blair & Holmes LLP

Counsel

FOR THE EMPLOYER

Suneel Bahal

Treasury Board Secretariat

Legal Services Branch

Senior Counsel

HEARING

September 22, 2020 (by videoconference)

DECISION

1Having regard to the agreement of the parties, I hereby direct as follows:

1. The employer will pay the amounts owing under the terms of the parties’ agreement(s) in respect of the Windsor and Walkerton Jails. Payments to eligible employees who continue to be employed in the OPS will be made within 30 days of this order. Payments to other eligible persons will be made within 60 days of this order.

2. Within three weeks of the date of this order, the employer will advise the union whether there are quarterly reports extant with respect to the following correctional institutions (for the indicated periods of time):

• Brantford (December 2005-March 2007)

• Sudbury (December 2005-October 2007)

• Sarnia (December 2005-October 2007)

• SLVTC/Brockville (December 2005-July 2007)

• Mimico (April 2004-November 2008)

3. If such quarterly reports are located, the employer will advise whether they are in electronic or paper format (perhaps archived) and how long it will take to produce them to the union.

4. Within one week of the date herein, the union will advise the employer of the approximate dates when payments were made in respect of each of the various institutions subject to these proceedings where such payments were made.

5. Within 60 days of the notification referenced in the previous paragraph, the employer will advise the union of what required payments under these proceedings have not been made, have been sent and returned, and/or have not been cashed in respect of the following correctional institutions:

• Toronto Jail

• Toronto West Detention Centre

• Central North Correctional Centre

• Ottawa-Carleton Detention Centre

6. I note that the union has indicated that it reserves the right, in the event of ongoing or new non-compliance with the orders of this Board, to seek general damages and/or take further steps to seek enforcement of the Board’s order.