GSB# 2023-02159

UNION# 2023-0623-0039

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Anderson et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Natural Resources)

Employer

BEFORE

Kelly Waddingham

Arbitrator

FOR THE UNION

Alexander Zamfir Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Julia Evans Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARINGS

October 16, 2024

Decision

1This group grievance alleges that during the 2023 fire season the Employer failed to fairly distribute overtime hours. The parties advise that following the April 18, 2024 mediation, the Employer provided prehearing production and particulars outlining its rationale for the distribution of the overtime.

2This matter convened on October 16, 2024. After a brief attempt at mediation the parties engaged in discussion for the purpose of case management. In the spirit of cooperation and for the purposes of attempting to focus the proceeding the parties agreed to the timeline set out below.

• By November 22, 2024, OPSEU shall deliver to the Employer comprehensive particulars of the grievance which will include the specific remedy sought for each grievor and the basis for the remedy which includes the day(s) hour(s) claimed and a detailed calculation of the amount owing;

• By November 22, 2024, OPSEU will make any remaining prehearing production request for documents. The threshold for pre-hearing production of a document is arguable relevance which has some logical or rational relationship between the documents being sought and the issues in this proceeding. It is also important to point out to the parties that any document it seeks to rely on at the hearing into this grievance, must be disclosed to the opposing party in advance of the hearing;

• By January 3, 2025, the Employer will provide any outstanding production to OPSEU. If the Employer objects to producing a document it will set out the basis for the objection in writing.

3If necessary, any outstanding prehearing/mediation matters will be dealt with via a conference call at least 30 days prior to the next hearing date.

4The next day of mediation/arbitration is scheduled for April 10, 2025.

5All dates contained in this case management decision are subject to change on the agreement of the parties or direction of the arbitrator.