GSB# 2022-8790; 2022-8865; 2022-9833; 2022-10125

UNION# 2022-0999-0013; 2022-0999-0014;

2022-0999-0018; 2022-0999-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union)

Union

• and -

The Crown in Right of Ontario (Treasury Board Secretariat)

Employer

BEFORE

Christopher Albertyn

Arbitrator

FOR THE UNION

Jorge Hurtado Morrison Watts Counsel

FOR THE EMPLOYER

Lisa Compagnone Legal Services Branch Senior Counsel

Maria-Kristina Ascenzi Treasury Board Secretariat Labour Practice Group Counsel

HEARING

November 29, 2023

Decision

1A decision was issued in this matter on July 13, 2023. Under that decision an order was made that the National Day for Truth and Reconciliation was a paid holiday in 2022.

2Pursuant to that decision, the parties have engaged in discussions regarding its implementation. Certain issues remain between them as to the method of calculating retroactive entitlements for September 30, 2022; whether interest is payable on that calculation, and how such interest is calculated; and the time within which such payments will be made.

3Having heard the parties’ submissions on these issues, I issue the following directions:

a. By December 15, 2023, the Employer will provide the Union with the principles that will apply to the employees’ retroactive entitlements. In addition, by that date, the Employer will inform the Union of the date of prospective implementation of the increase from 4.6% to 5% for fixed term holiday pay (under Article 31A.5 of the Parties’ Collective Agreements), without prejudice to issues of the retroactive payment of this change.

b. By December 21, 2023, the Union will advise the Employer whether it agrees to those principles. If it does not agree, it will explain in its response what is in dispute, and why.

c. By January 12, 2024, the Employer will provide the Union with its response on the Union’s claim for interest on the retroactive payments, with details as to whether it will pay interest and, if so, by what method.

d. By January 19, 2024, the Union will advise the Employer whether it agrees to the Employer’s proposal on the interest payment. If it does not agree, it will explain in its response what is in dispute, and why.

e. If there is agreement between the parties on the principles for employee’s retroactive entitlements, and agreement on the payment of interest in the Union’s responses on December 21, 2023 and January 19, 2024, then the Employer will have until February 16, 2024 to advise the Union on its proposed deadline(s) (which may include staggered deadlines) for the retroactive implementation.

f. The hearing of this matter will occur on February 23, 2024 (“the next hearing”). Notice thereof will be given by the Registrar.

g. If the parties are not in agreement on the principles for the employee’s retroactive entitlements, or they are not in agreement on the payment of interest, their dispute(s) will be dealt with at the next hearing. In that event, having heard the parties’ submissions, an order will be made determining those issues. Within 30 days of that order being made, the Employer will advise the Union on its proposed deadline(s) (which may include staggered deadlines) for the retroactive implementation. If there is no agreement on the Employer’s proposal on implementation timelines, a further hearing will be arranged to address that issue.

h. If the parties agree on the principles for the employee’s retroactive entitlements and interest, but they are not in agreement as to the Employer’s implementation timetable, the next hearing will address that issue.

i. If the parties agree on the principles for the employee’s retroactive entitlements and interest, and they agree on the proposed timeline(s) for implementation, then they will advise the Registrar accordingly, and request that the next hearing be cancelled.

4I remain seized of these issues and of the implementation of the decision on July 13, 2023.