GSB# 2012-2477

UNION# 2012-0424-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ranger)

Union

• and -

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

Employer

BEFORE

Deborah Leighton

Arbitrator

FOR THE UNION

Craig Flood Koskie Minsky LLP Counsel

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Counsel

HEARING

October 4, 2022

Decision

1The grievance before me alleges that the Ministry has breached the order for future damages for premium pay made in a decision of the Board issued in 2013 (order 5) and Minutes of Settlement in 2015. Significant attempts to settle these issues have not been successful and the matter is proceeding with litigation. A preliminary decision on, inter alia, production of documents was issued on March 3, 2022.

2The hearing continued before me on October 4, 2022, and I made the following oral order, which I record here at the request of the parties.

3Given the union’s concerns about the accuracy of the data that the Ministry relies on to calculate the monies owed to the grievor under order 5, and given the need for this data to be verified before any calculations using it can be tested, the litigation shall continue with evidence from the employer on the method of recording and storing this data. The union will be provided with a full opportunity to respond to this evidence. The order of this evidence does not change the legal onus on this issue.