IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Semenuk)

Union

and -

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

Employer

BEFORE

Barry Stephens

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 22 and July 17, 2023

Decision

1This case involves the grievor’s termination of employment and 15 other grievances. The grievor is a Correctional Officer (CO) at the Elgin Middlesex Detention Centre (EMDC) and was terminated on March 21, 2022. The grievances raise multiple issues including harassment, discrimination, failure to accommodate, reprisals, as well as the grievance related to the grievor’s termination.

2At the hearing on June 22, 2023, the employer submitted several preliminary motions, arguing that some of the grievances were inarbitrable because some related to issues that post-date the grievor’s termination, some were res judicata, and some were untimely. In addition, the employer sought orders that specific paragraphs of the particulars be deleted because they refer to the incidents the employer asserted to be inarbitrable. This decision deals solely with the employer’s preliminary motions.

3For the purposes of this interim decision, I have assumed the union can prove in evidence the allegations related to the grievances, and my comments are not intended to constitute an assessment of the merit or lack of merit with respect to any of the grievances that remain to be litigated. I will deal with each of the preliminary objections separately below.

4The employer relied on the following authorities: MCSCS (Gallagher), GSB 152/94 (Gray); Westin Harbour Castle Hotel, [2010] CarswellOnt 17919 (MacDowell); South Bruce Grey Health Centre, [2006] CarswellOnt 8409 (Roberts); MCSCS (Primo), GSB 2014-2911 (Misra); MCSCS (Fitzpatrick), GSB 2015-1251 et al (Gee); MAG (Bremner), GSB 2017-2936 (Misra); MCSCS (Lachance), GSB 2008-3102, (Briggs); MCSCS (Liantzakis), GSB 2008-3252 (Petryshen); LCBO (Gamble), GSB 1635/96 (Gray); MCSCS (Hawkes), GSB 2007-2388 et al (Leighton); MOL (Malik), GSB 2010-0026 (Herlich).

5The union relied on the following authorities: MCSCS (MYCIAK et al), GSB 2010-2318 (Briggs); MCSCS (Manna et al), GSB 2017-0662 (Gee); MCSCS (Manna et al), GSB 2015-1908 (Devins); SOLGEN, (Union), GSB 2019-2154 (Anderson); District of Parry Sound Social Services, 2003 SCC 42, [

Ontario Public Service Employees Union (Semenuk) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2023 CanLII 89648

Case Summary

IN THE MATTER OF AN ARBITRATION

BETWEEN

Union

Decision