GSB# 2022-8790; 2022-8865; 2022-9833; 2022-10125

UNION# 2022-0999-0013; 2022-0999-0014;

2022-0999-0018; 2022-0999-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union)

Union

• and -

The Crown in Right of Ontario (Treasury Board Secretariat)

Employer

BEFORE

Christopher J. Albertyn

Arbitrator

FOR THE UNION

Jorge Hurtado Morrison Watts Counsel

FOR THE EMPLOYER

Lisa Compagnone Legal Services Branch Senior Counsel

Maria-Kristina Ascenzi Treasury Board Secretariat Labour Practice Group Counsel

HEARING

April 18, 2024

Decision

1Under a decision issued on February 27, 2024, if there was no agreement on the implementation timelines for retroactive adjustments (of an earlier decision under which the National Day for Truth and Reconciliation was declared to be a paid holiday in 2022 and each year thereafter), then the matter would be dealt with at the hearing on April 18, 2024.

2There was no agreement on the timelines for implementation of retroactive adjustments.

3The Union requests that the implementation of retroactive adjustments date be July 1, 2024.

4The Employer has explained that it has reviewed the administrative tasks needed to effect the implementation of retroactive adjustments and that, it can manage to assign holiday Compensating Time Off (“CTO”) credits for all eligible employees by August 31, 2024, and to pay the money due to eligible employees by September 30, 2024.

5I am persuaded that the Employer’s proposal identifies the earliest dates by which the implementation of the retroactive adjustments referred to in Paragraph 4 above can reasonably be accomplished.

6In the circumstances, I adopt the Employer’s proposal and direct that implementation of these retroactive adjustments occur in accordance with paragraph 4 above.

7The issue of the impact of the original decision on the accumulation of seniority remains in dispute, including jurisdiction.

8The issue of additional retroactive adjustments, if any, also remains in dispute, including jurisdiction.

9The Registrar is requested to schedule this matter for a continuation date on July 26, 2024.

10I continue to remain seized of the implementation of this decision and of the earlier decisions.