GSB# 2020-2143; 2020-25556
UNION# 2020-0533-0009; 2021-0533-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (D’Souza)
Union
- and -
The Crown in Right of Ontario (Ministry of Government and Consumer Services)
Employer
BEFORE
Dale Hewat
Arbitrator
FOR THE UNION
Jorge Hurtado Morrison Watts, Labour and Employment Lawyers Counsel
FOR THE EMPLOYER
Regina Wong Treasury Board Secretariat Legal Services Branch Counsel
HEARING
March 11, 2022
-2-
DECISION
1On September 21, 2021 the Parties entered into a Memorandum of Settlement (“MOS”) in which, among other commitments, the Parties agreed to the following in paragraph 1 of the MOS:
“The Parties agree to participate in a facilitated workplace discussion by an independent third party. The Employer will make best efforts to procure the services of an independent third party to facilitate the workplace discussion within sixty (60) days of the signing of this Memorandum of Settlement and to schedule the facilitated workplace discussion promptly upon securing those services based DocuSign Envelope ID: 8D2C0D52-4D8A-4231-88C7-C4F64DB8C476 Page 2 of 3 on the mutual availability of the parties. The Grievor agrees to participate in this facilitated workplace discussion, and the Grievor shall have the right to union representation. The Employer will participate in this facilitated workplace discussion with all PBOB-GTA managers and the Senior Manager of PBOB. For the purposes of this facilitated workplace discussion, there will be no requirement that the Grievor be in the same room as management.”
2The Union requested a hearing about implementation of the MOS because the Employer did not meet the conditions set out in paragraph 1of the MOS as it is beyond the sixty (60) days for procuring an independent third party to facilitate the workplace discussion and nothing has been scheduled. After discussion with the Parties, I make the following Order:
(1) The Employer is ordered to advise the Union no later than March 31, 2022 of the successful bidder in relation to the implementation of paragraph 1 of the MOS.
(2) If the Employer anticipates that it cannot meet the March 31, 2022 deadline it is to raise the issue with the Union as soon as possible. The parties may agree to an extension of timeline, or either party may seek a variance of the order from the Board.
(3) It is expected that the process will commence no later than April 29, 2022. The Employer has agreed to keep the Union advised of any changes to this timeline and the Union has reserved its rights to seek further orders of the Board on an expedited basis.
3I remain seized to deal with any further MOS implementation issues.
Dated at Toronto, Ontario this 16th day of March 2022.