Ontario Public Service Employees Union (Cheechoo) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2023 CanLII 72190

GSB# 2022-4492

Union# 2022-0663-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cheechoo)

Union

• and -

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

Employer

BEFORE

Gordon F. Luborsky

Arbitrator

FOR THE UNION

Elizabeth Adeseha Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

July 19, 2023

Decision

1The parties engaged in settlement discussions today, which did not resolve the grievance. Consequently, the grievance will continue on the agreed date of February 29, 2024, which I will confirm with the Registrar accordingly.

2In the interim, the Union will provide the Employer with particulars regarding the details of the Grievor’s complaint of violations of the collective agreement, including a clear statement of the remedies requested, which shall be delivered to the Employer’s counsel on or before January 19, 2024.

3In the event the Union fails to do so, I will hear a motion by the Employer to dismiss the grievance. Assuming that the Union provides the particulars, the Employer shall have the option of bringing a motion, if appropriate, to dismiss the grievance on the grounds that the particulars fail to disclose a prima facie case of any violation of the collective agreement and/or statutory provisions governing the working environment, to be heard when the parties reconvene (or earlier in writing on consent).