GSB# 2021-2716

UNION# 2021-0430-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Moore et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Public and Business Service Delivery)

Employer

BEFORE

Adam Beatty

Arbitrator

FOR THE UNION

James Craig Morrison Watts Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

December 19, 2022

Decision

DECISION ON A PROCEDURAL MATTER

1This matter has had a complicated procedural history. Without getting bogged down in the details, suffice to say there are a number of preliminary issues that need to be worked out before a hearing on the merits can begin. The Board has held three teleconferences and two hearing dates (including the hearing date leading to this decision) in order to try address some of those issues. The parties have engaged in good faith efforts to resolve the outstanding preliminary issues, or at a minimum, to set up a procedure for the resolution of those issues.

2As part of the parties' ongoing efforts, they have requested that the Board make certain orders. I am satisfied that the orders requested will assist the parties in resolving some of the preliminary issues and ensuring that the hearing on the merits proceeds in an effective and efficient manner. Accordingly, the following Order is made:

ORDER

1. The Parties have agreed to consolidate the following grievances (the “Consolidated Grievances”) before Arbitrator Beatty.

a. 2020-0429-0002 – currently before Arbitrator Gee.

b. 2021-0430-0005 – currently before Arbitrator McKendy.

c. 2021-0430-0012 – currently before Arbitrator Beatty.

2. On or before March 31, 2023, the Union is to provide a fulsome, detailed, complete set of particulars relating to the Consolidated Grievances. Along with the particulars, the Union will provide all arguably relevant documents related to the particulars.

3. The Parties agree the following grievances may raise similar issues to the ones identified in the Consolidated Grievances, but they have not yet been referred to the Grievance Settlement Board (the “Unreferred Grievances”).

a. Moore grievance dated Sept 21, 2021 – unnumbered, not yet referred

b. Moore grievance dated Sept 21, 2021 – unnumbered, not yet referred

c. Moore grievance dated Mar 31, 2022 – unnumbered, not yet referred

d. Moore grievance dated May 24, 2022 – unnumbered, not yet referred

e. Moore grievance dated June 8, 2022 – unnumbered, not yet referred

f. Milligan grievance dated January 26, 2022 – unnumbered, not yet referred

4. The Employer has raised concerns with respect to the potential for overlap (i.e., issues, evidence, witnesses) between the Consolidated Grievances and the Unreferred Grievances, which could result in inefficiencies and inconsistent findings of fact if heard by multiple arbitrators.

5. The Union is encouraged to be as detailed as possible with respect to the Consolidated Grievances to enable the parties to determine whether there is any overlap.

6. In the event any or all of the Unreferred Grievances are referred to the Board, the Parties agree that Arbitrator Beatty will hear the newly-referred grievances.

7. The Parties reserve all rights to make any arguments with respect to the scope and content of the newly-referred grievances, including without limitation any preliminary issues such as timeliness, jurisdiction, and consolidation.

8. The Parties agree that a conference call will be scheduled on April 20, 2023 to discuss the status of the Unreferred Grievances and any other issues that may have arisen.

9. The Parties agree that a hearing day will be held on June 2, 2023 to deal with any preliminary issues, including the scope and content of the Union’s particulars and any outstanding production issues.

10. The Parties agree that a hearing date will be scheduled on August 15, 2023.