GSB# 2022-12218

UNION# 2023-0310-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Wiederhold)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour, Immigration, Training and Skills Development)

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Adam Veenendaal Morrison Watts Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 13, 2023

Decision

1On July 6, 2023, the Board issued a production order with respect to this matter. At the hearing on July 13, 2023, following unsuccessful mediation, the parties agreed on timelines for production pursuant to the Board’s order dated July 6, 2023, and requested that they be issued as a Board order.

2In accordance with that agreement, it is ordered as follows:

(a) The employer shall comply with its obligations under the Board’s production order, and also respond to the union’s request, if any, for additional production, no later than September 30, 2023.

(b) If the union requires further production it shall make the request to the employer no later than October 31, 2023.

(c) If there are any disputes with respect to production, the parties will confer and attempt to resolve them. If any dispute(s) remain unresolved, the parties may request the Board to schedule a conference call via video with the arbitrator to be held no later than November 30, 2023, for purposes of determining them.

(d) No later than March 29, 2024, the parties shall file a chart of “incidents”, as described by the arbitrator. This chart will consist of four columns for each incident : (i) Date (ii) The employer’s allegation (iii) The grievor’s response and (iv) The amount of time/money in issue in the incident.

(e) On agreement, the parties may vary any of the timelines set out herein.

(f) At the commencement of the hearing on May 8, 2024, the parties will confirm any agreements of fact reached, following their review of the chart of incidents described about at para. 2(d).

3If needed, additional hearing dates may be scheduled in consultation with the Board.

4The Board remains seized.