GSB# 2019-0797; 2019-2916

UNION# 2019-0526-0012; 2020-0526-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sears)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

December 16, 2021

Decision

1The Union alleges the Employer is in breach of a Memorandum of Settlement concluded between the parties on December 18, 2020 (the “Settlement”). The parties have agreed that the issue be addressed in accordance with the regular grievance procedure set out in Article 22.16.1. Article 22.16.1 provides for the resolution of grievances in an expeditious and informal manner. Decisions are without precedent. The parties requested the decision provide a succinct statement of the facts but no reasons for the disposition of the grievance.

2The Grievor filed three grievances dated April 23, 2019, January 7 and September 24, 2020 all of which were submitted to arbitration. Initial attempts to resolve the grievances were unsuccessful. On December 2, 2020, the Grievor’s manager (the “manager”) held a fact finding meeting with the Grievor in relation to another matter. On December 18, 2020 the parties concluded the Settlement at issue before me. The Settlement contains a confidentiality provision. For the purposes of this decision it suffices to note that the Settlement contains the following recital:

WHEREAS the Parties wish to resolve all outstanding disputes to date between the Parties with respect to [the Grievor’s] employment, without precedent and without prejudice; …

3On January 29, 2021, the manager met with Grievor with respect to the matter which was the subject of the December 2, 2020 fact finding meeting. The manager used the meeting to advise the Grievor of the Employer’s expectations with respect to that matter. Nothing further happened with respect to that matter. In particular, the Grievor was not disciplined.

4The Union takes the position that the January 29, 2021 meeting constituted a breach of the Settlement in that the subject matter of the December 2, 2020 fact finding meeting was an “outstanding dispute” resolved by the Settlement.

5Having considered the representations of the parties, I find no breach of the Settlement.