GSB# 2020-1871; 2020-1960; 2020-2132

UNION# 2020-5112-0214; 2020-5112-0225; 2020-5112-0252

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Gotsanyuk et al)

Union

• and -

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

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Manprit Singh Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING DATE

August 30, 2021

DECISION

1The instant grievances came before the Board under article 22.16 of the collective agreement. No resolution was achieved through mediation. The Board has directed that the Registrar schedule a hearing for arbitration.

2In order to facilitate efficient litigation of all issues, it is hereby ordered as follows:

(a) The union is ordered to provide the employer with full particulars of the material facts and all documents, physical or digital, on which it relies on, no later than 60 calendar days before the hearing date scheduled by the Registrar.

(b) The employer is ordered to produce to the union all documents physical or digital and full particulars of any additional material facts it intends to rely on, together with notice of any preliminary motions it intends to make, no later than 45 calendar days from the date of receipt of the union’s particulars and production.

(c) The parties shall consult with each other once the exchange of particulars and production pursuant to (a) and (b) above has been completed, to discuss means of expediting the arbitration process, including the possibility of producing a full or partial agreed statement of fact.

(d) During mediation employer counsel pointed out that one of the grievances in this proceeding is about a compressed work week issue, and questioned the appropriateness of it being heard together with the other grievances. The parties are directed to discuss that issue in advance of the hearing. If no agreement is reached that issue may be raised at the hearing for a ruling by the Board.

3The parties may change the timelines herein ordered by mutual agreement or further order of the Board.

4The Board remains seized.