GSB# 2017-2075; 2017-2076; 2017-2077; 2017-2078; 2017-2079; 2017-2080; 2017-2232; 2017-2425; 2017-2426; 2017-2427; 2017-2429; 2017-2734; 2017-2760; 2017-2762; 2017-2763; 2017-2773; 2017-2774; 2017-2859; 2017-2862; 2019-0801

UNION# 2017-0162-0035; 2017-0162-0036; 2017-0162-0037; 2017-0162-0038; 2017-0162-0039; 2017-0162-0052; 2017-0162-0041; 2017-0162-0055; 2017-0162-0056; 2017-0162-0057; 2017-0162-0063; 2017-0162-0069; 2017-0162-0075; 2017-0162-0077; 2017-0162-0078; 2017-0285-0012; 2017-0285-0013; 2017-0162-0070; 2017-0285-0014; 2019-0162-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rigden et al)

Union

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Marilyn A. Nairn Arbitrator

FOR THE UNION

Isaac Handley Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Andrew Cogswell Liquor Control Board of Ontario Counsel

DATES OF REPRESENTATIONS

September 24 and October 8, 2021

INTERIM DECISION

1Twenty grievances giving rise to the same issue are scheduled for hearing on December 9, 2021. Mediation has been held but the parties were not able to reach a resolution, and the Union has advised that it intends to proceed.

2Having regard to the request of the Employer dated September 24, 2021 for an order directing the Union to provide full particulars and production, and to the Union having no objection to an order issuing, I hereby order the Union to provide the following information and material to the Employer by no later than Friday, October 29, 2021:

a) the specific provision(s) of the Collective Agreement that the Union alleges has been violated by the Employer;

b) full particulars of the Union’s claim, including, but not limited to, the manner in which it alleges the provision(s) of the Collective Agreement has been violated, particulars as to which grievors have obtained their Smart Serve certificate; the date such certificate was obtained, and the date notice of same was provided to the Employer;

c) the remedy or remedies sought by the Union in respect of each Grievance.

d) production of all documentary material that is arguably relevant to the matters at issue in the Grievances, including but not limited to the documentation upon which the Union intends to rely.

3The Employer has reserved the right to make further requests for particulars and/or production. It has also reserved the right to raise any preliminary issues/objections following receipt and review of the Union’s particulars.

4Should matters arise that would benefit from pre-hearing consideration, the parties are advised to contact the Board and a case conference can be arranged.