GSB#2015-1330

UNION# 2015-0453-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dubuc)

Union

• and -

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

Employer

BEFORE

Bram Herlich

Arbitrator

FOR THE UNION

Mireille Giroux Koskie Minsky LLP Counsel

FOR THE EMPLOYER

Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

Nov 21, Dec 4, 5, 18 and 19, 2018. Jan 23; Feb 5, 6, 20 and 21; Mar 20; May 9; Jun 12; Aug 14; Nov 19; Dec 10 and 18, 2019.

Jan 14, 21; Feb 4, 11 and 12; Aug 13 and 25; Oct 28; Apr 22; May 18, 2021. Feb 4, 22 and 24, 2022.

Decision

1Having regard to the evidence placed before me and having heard the submissions of the Parties, I am satisfied that the Employer did not have just cause to terminate the Grievor.

2The Parties have engaged in lengthy discussions as to the amount of lost wages that the Grievor would have been entitled to had he not been terminated. The Parties have agreed on that amount. I order the Employer to make that payment to the Grievor to compensate him accordingly.

3Despite reaching agreement on the above-noted amount, I understand there may still be disputes between the Parties with respect to claims for additional compensation or other issues that arise from the reinstatement of the Grievor.

4The Union and Grievor are ordered, within ten (10) days, to make a request for production of documents related to the Grievor’s concerns about the authorship of investigation reports. Should the Employer agree to produce those documents, the Union and Grievor will have an opportunity to particularize any allegations and/or claims for remedy flowing directly from the production of said documents. If the Employer does not agree to produce the documents, I remain seized with respect to any dispute about production.

5With the exception of any claims flowing from the documents requested pursuant to paragraph 4, the Grievor and Union are ordered to identify and particularize all such issues within fourteen (14) days of this decision. Should any issue not be identified within this timeframe, the Grievor and Union will not be able to raise any such claim in any subsequent hearing dates.