GSB# 2021-3286

UNION# 2021-0201-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (MacDonald)

Union

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Robin Lostracco Ontario Public Service Employees Union Senior Grievance Officer

FOR THE EMPLOYER

Jordanna Lewis Treasury Board Secretariat Labour Practice Group Counsel

HEARING

April 4, 2024

Decision

1The Board is seized with a grievance filed by Mr. Chris MacDonald. At the hearing the parties engaged in mediation. While some progress was made and proposals exchanged, no settlement was reached that day.

2The parties then discussed process and timelines in preparation for arbitration, in the event the grievance is not settled.

3Based on those discussions, the Board hereby orders as follows:

1. The Employer will respond to the Union’s settlement proposal by April 18, 2024;

2. If the Parties are unable to resolve the matter, the Employer will provide particulars of their timeliness motion and the outstanding production. It will also respond to the Union setting out any facts it disagrees with in the Union’s particulars by May 21, 2024;

3. The outstanding disclosure the Union identified was:

a. Notes from the FRSM and/or other correspondence related to the timeliness of the grievance (It was acknowledged that timeliness was not raised as an objection on the first hearing date)

b. The attached email chain, and any other outstanding correspondence including any correspondence with advisors (HR, Health and Safety)

c. Audit and Inspection Handbook .The employer shall disclose and produce the outstanding disclosure no later than May 21,2024. If the employer objects or is unable to make disclosure of any of the above, it will inform the union with reasons by April 30, 2024.

4. Based on the Employer’s response the Union will provide a partial agreed statement of facts draft for the employer to review by June 14, 2024;

5. The Employer will respond with any edits to the draft partial agreed statement of facts by June 28, 2024.