GSB# 2022-6891

UNION# 2022-0999-0011

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 (Ministry of the Solicitor General )

Employer

BEFORE

Adam Beatty

Arbitrator

FOR THE UNION

Laura Johnson Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

August 23, 2023

Decision

1The Union filed a grievance alleging that the Employer has violated Letter of Understanding Appendix COR14. In particular, the Union submits that the Employer has failed to meet the timelines to provide the information required under Appendix COR14.

2With respect to the information the Employer is required to provide to the Union under Appendix COR14, there is currently a backlog of information owing to the Union for the period from July 1, 2021 – December 31, 2022 (the “Backlog”).

3The Employer is in the process of implementing a new data base/computer system. The old data base/computer system is called the “IMU”. The new system is called the “IRM”.

4At the hearing of this matter, the parties requested that the Board issue the following consent award:

CONSENT AWARD

1. The Employer acknowledges that it has not met the deadlines for providing the information to the Union as required under Appendix COR14.

2. The Union acknowledges that the Employer has provided the Union with a Report from the IRM (an “IRM Report”) covering the period October 11, 2022 – December 31, 2022.

3. As the process of switching from the IMU to the IRM continues, the parties understand that some of the data will continue to be provided under the IMU until such time as the switch is complete. That information will be provided in the form of an IMU Report.

4. The Union acknowledges that the Employer has provided, notwithstanding the Backlog, Reports from both the IRM and IMU systems containing all relevant data, as specified in Appendix COR14, for the period from January 1, 2023 until June 30, 2023 within the required time frame. The Employer will continue to provide the data specified in Appendix COR14 within thirty (30) days of the relevant reporting periods in accordance with Appendix COR14 thereafter.

5. IMU reports for the Backlog will be provided to the Union within thirty (30) days of the IMU Report for each of the relevant time periods having been prepared and will be provided to the Union in both Excel and PDF formats. The Employer will continue providing IMU reports (covering a six-month reporting period as contemplated by Appendix COR14) until such time as the Backlog is eliminated.

6. The Employer agrees to take concrete steps to address the Backlog. Such steps may include, but are not limited to, allocating additional resources or increasing staffing. Effective October 31, 2023, on the last business day of every month until the Backlog is eliminated, the Employer will advise the Union how much of the Backlog has been addressed.

7. The Employer will provide all IMU and/or IRM Reports to the Union through the parties’ normal disclosure process and as required by Appendix COR14, in both Excel and PDF formats, unless the parties agree otherwise.

8. The Parties agree that a hearing date in this matter will be scheduled for August 14, 2024.

9. I will remain seized with respect to the interpretation, implementation, and enforcement of this order.