GSB# 2020-1272; 2020-1273; 2020-2169; 2020-2170; 2020-2171; 2020-2172; 2021-0759; 2021-0760; 2021-0761; 2021-0762; 2021-0894
UNION# 2020-0616-0008; 2020-0616-0009; 2020-0616-0021; 2020-0616-0022; 2020-0616-0023; 2020-0616-0024; 2021-0616-0004; 2021-0616-0005; 2021-0616-0006; 2021-0616-0007; 2021-0616-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Martin)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Gordon F. Luborsky
Arbitrator
FOR THE UNION
Esther Song Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel
HEARING DATE
August 26, 2021
DECISION
1There are at least 11 grievances that the parties agree I have jurisdiction to determine, identified below.
2At the outset of the hearing into the grievances, I engaged the parties in discussions concerning the appropriate process for disposing of these many disputes. As a result I have endorsed my record as follows:
ENDORSEMENT
I met with the parties today and engaged in discussions, as a result of which the following arrangements for the future conduct of the matters before me have been determined (which I will confirm in a formal order of the Board to be filed):
The parties agree that I have jurisdiction to determine the following 11 grievances (identified by date and number to the extent available only):
- Grievance 2020-0616-0008 dated June 10, 2020
- Grievance 2020-0616-0009 dated June 25, 2020
- Grievance 2020-0616-0021 dated September 2, 2020
- Grievance 2020-0616-0022 dated October 13, 2020
- Grievance 2020-0616-0023 dated November 13, 2020
- Grievance 2020-0616-0024 dated November 13, 2020
- Grievance 2021-0616-0004 dated April 29, 2021
- Grievance 2021-0616-0005 dated April 30, 2021
- Grievance 2021-0616-0006 dated May 21, 2021
- Grievance 2021-0616-0007 dated May 27, 2021
- Grievance 2021-0616-0011 dated June 6, 2021
For purposes of clarity, two additional grievances dated July 14, and July 23, 2021 are not presently before me. The parties may agree to consolidate them with the above- noted grievances or have them dealt with separately before the Board.
With respect to all of the foregoing grievances properly before me, the procedure will be as follows:
(a) The parties will schedule each grievance separately, with the first grievance dated June 10, 2020 to be scheduled for at least three (3) hearing days;
(b) At least 30 calendar days prior to the first hearing day for the June 10, 2020 grievance, the Union will file with the Employer written particulars respecting all of the grievances before me;
(c) At least 15 calendar days prior to the first hearing date, both the Union and the Employer shall produce to each other all documents they intend to rely upon or that are known and arguably relevant to the grievance;
(d) The parties will attempt to agree upon all facts that are appropriate and/or “Will-Say” statements prior the first day of hearing on the first grievance in order to streamline the evidence, if possible;
(e) The parties will then present the evidence and make submissions with respect to the first grievance; following which the parties will schedule the remaining grievances in chronological order as stated above (i.e. each grievance shall be heard separately unless the parties agree otherwise);
(f) In order to facilitate the hearing process, however, all evidence submitted in the first grievance shall be available for the parties’ and the arbitrator’s consideration in all subsequent grievances.
(g) Lastly, in the event of any disputes respecting compliance with the foregoing procedure, the parties may schedule a brief telephone conference (or videoconference) with the arbitrator to be heard at least 7 calendar days prior to the first day of hearing for appropriate orders and/or direction by the arbitrator.
The hearing is accordingly adjourned on the foregoing basis, with the parties being responsible for arranging for the first hearing date in connection the first grievance with the Registrar.
3As I advised and with the agreement of the parties, the above Endorsement is hereby confirmed as an Order of this Board.
Dated at Toronto, Ontario, this 27th day of August, 2021.