GSB# 2021-3072; 2021-3073
UNION# 2021-0228-0024; 2021-0228-0025
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Elphinstone)
Union
- and -
The Crown in Right of Ontario (Ministry of the Attorney General)
Employer
BEFORE
Michael Lynk
Arbitrator
FOR THE UNION
James Sommerville Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Jackson Donszelmann-Lund Treasury Board Secretariat Legal Services Branch Counsel
HEARING
December 6, 2022
Decision
1A hearing was scheduled for the matter listed as GSB #2021-3072 and GSB # 2021-3073 on December 6th, 2022, with respect to grievances filed by Cindy Elphinstone. The Parties agreed to adjourn the above noted matters on the condition that other related matters are to be scheduled and heard on January 19th, 2023.
2This Consent Order addresses the next steps with respect to having related matters heard together.
3Without prejudice to the Employer’s jurisdictional preliminary objections, the Employer consents to an adjournment of the “OverTime Grievance” listed as GSB# 2021-3072 (OPSEU# 2021-0228-0024) on the condition that the other “Over Time Grievances” listed as:
GSB# 2021-2976 (OPSEU# 2021-0228-0020); and
GSB# 2021-2802 (OPSEU# 2021-0228-0016)
are scheduled together and proceed through the Med/Arb procedure, pursuant to Article 22.16 of the Collective Agreement, on January 19th, 2023.
4For clarity, the Parties agree that GSB# 2021-3072, GSB# 2021-2976, and GSB# 2021-2802 will be scheduled before Arbitrator Michael Lynk on January 19th, 2023.
5The Employer reserves the right to bring preliminary objections, including objections to the Board’s jurisdiction to hear the above-noted grievances, on January 19th, 2023.
6Further to ensure that the matters proceed expeditiously, the Union agrees to provide the Employer with particulars for all three grievances, listed as GSB#2021-3072, GSB#2021-2976, and GSB#2021-2802, at least two weeks in advance of the January 19th, 2023 hearing date.
Dated at Toronto, Ontario this 13th day of December 2022.

