GSB# 2022-8916

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Association of Management, Administrative and

Professional Crown Employees of Ontario

(Association)

Association

• and -

The Crown in Right of Ontario

(Treasury Board Secretariat)

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE ASSOCIATION

Kelly Doctor

Goldblatt Partners LLP

Counsel

FOR THE EMPLOYER

Paul Meier

Treasury Board Secretariat

Legal Services Branch

Counsel

HEARING

September 18, 2023

Decision

1This is a complicated policy grievance which involves benefit claims in which there is an issue as to the interplay (if any) between the benefits provisions in the parties’ collective agreement and the plan documents of the insurance company which the Employer has engaged to administer/provide benefits. For the purposes of this decision, I need not describe the various issues between the parties in any detail.

2Today the parties met to discuss how this matter might be efficiently litigated. The parties agreed:

1. The Employer shall provide the Association with a draft agreed statement of facts by October 6, 2023.

a) Included among the proposed agreed statement of facts will be the Employer’s position regarding the facts relied on by the Association with respect to acupuncture services as set out in counsel’s letter dated September 13, 2023 (see bottom of page 2).

b) Either as part of the proposed agreed statement of fact or separately the Employer will provide a “will say” statement from any witness it intends to call from Canada Life.

2. The Parties agree that individual remedial claims will be bifurcated from the hearing on the merits. However, it is also understood that as part of the hearing on the merits the Association will be seeking a declaration of a violation of the collective agreement and an Order requiring the Employer and its insurer to act in accordance with the declared interpretation of the collective agreement (assuming the Association is successful in its argument). The Employer will oppose these requests.

3I remain seized.