Grievance Settlement Board
GSB# 2023-03248; 2024-00253
UNION# 2023-0248-0153; 2024-0248-0044
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (McKeag)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Kelly Waddingham Arbitrator
FOR THE UNION
Christopher Bryden Ryder Wright Holmes Bryden Nam LLP Counsel
FOR THE EMPLOYER
Katie Ayers Treasury Board Secretariat Legal Services Branch Counsel
HEARING
December 17, 2024
Decision
1These are two grievances which allege inter alia that the Employer has discriminated against the grievor James McKeag based on his disability and failed to provide an accommodation. The grievor alleges that he has suffered a loss of pay and vacation credits.
2The parties met on December 17, 2024 to mediate a settlement of the grievances. However, they determined that case management was necessary to facilitate mediation. This decision outlines the agreement of the parties.
April 1, 2025 – OPSEU will deliver to the Employer comprehensive particulars of the grievances. The submission shall include a full explanation and basis for the remedies sought, and detailed calculations of the amounts or credits owed.
OPSEU will make any remaining prehearing production requests to the Employer.
May 2, 2025 – The Employer will provide prehearing production to OPSEU. If the Employer objects to producing a document it will set out the basis for the objection in writing.
The parties will provide notice and submissions of any preliminary motion(s).
June 9, 2025 – The parties will provide a written response to the preliminary motion(s).
3Mediation is scheduled for June 26, 2025. The parties must be prepared to mediate. If necessary, the parties must be prepared to make submissions on preliminary motion(s) and any outstanding prehearing production requests.
4All dates contained in this case management decision are subject to change on agreement of the parties or direction of the arbitrator.
Dated at Toronto, Ontario this 30th day of December 2024.