GSB# 2020-2284; 2022-7751; 2022-12108; 2022-12111; 2022-12112; 2023-00407
UNION# 2020-0555-0022; 2022-0533-0021; 2022-0533-0035; 2022-0533-0038; 2023-0533-0001; 2023-0533-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Grievor)
Union
- and -
The Crown in Right of Ontario (Ministry of Public and Business Service Delivery))
Employer
BEFORE
Barry Fisher Arbitrator
FOR THE UNION
James Craig Morrison Watts Hurtado & Buchner Counsel
FOR THE EMPLOYER
Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel
CONFERENCE CALL
March 7, 2024
Decision
1At this Case Conference we dealt with two issues :
On November 27, 2023 an order was issued which indicated that unless the Union provided a list of disputed facts by February 29, 2024, they would be deemed to have accepted the factual allegations as set out in the various discipline letters. As no response was received, the facts are now deemed to be true.
In my order of July 11, 2023 I made the following order :
In the past, certain individuals involved in this case have contacted me directly and not through their lawyers. This is not acceptable. This will not continue. If it does, I reserve the right to sanction the offending party, which sanction could include the dismissal of one or more of these grievances.
2The Grievor has violated this ruling six times in January and February of 2024 by copying me on various emails about his various legal disputes.
3I warned the Grievor in my order of July 11, 2023 that one of the consequences of a breach of this order was that I could dismiss one or more of the 6 remaining grievances.
4I should note that the Grievor neither apologized for his actions nor did he promise to comply with the order in the future.
5As such there must be a consequence to his multiple breaches of my order.
6I am therefore dismissing the following grievances;
Letter of Reprimand December 1, 2020
1 day suspension June 29, 2022
10 day suspension September 29 , 2022
7The following grievances remain active :
15 day suspension December 7, 2022
20 suspension January 22, 2023
Discharge March 31, 2023
8This matter will proceed on April 3 and 26, 2024.
Dated at Toronto, Ontario this 8th day of March 2024.