GSB# 2023-02722
UNION# 2024-0582-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Michael)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Kelly Waddingham
Arbitrator
FOR THE UNION
Joel Allen Unified LLP Counsel
FOR THE EMPLOYER
Dimitrios Molos Treasury Board Secretariat Legal Services Branch Counsel
HEARING
July 30, 2024
Decision
1This grievance was filed after the grievor was provided with notice that their fixed term contract would end on January 28, 2024. The parties met on July 30, 2024, to attempt mediation but were unable to reach a settlement. A case management hearing was then held where the parties agreed to the following schedule.
Consolidation, Prehearing Production & Particulars
August 16, 2024 – OPSEU shall provide its position regarding the Employer’s request to consolidate all outstanding grievances. OPSEU shall make pre-hearing production request to the Employer.
August 30, 2024 – The Employer shall produce all relevant documents in response to OPSEU’s prehearing production request.
September 6, 2024 – OPSEU shall deliver to the Employer comprehensive particulars of the grievance(s). The particulars shall include a full explanation and basis for the remedies sought, and all supporting documents on which OPSEU intends to rely
September 13, 2024 – the Employer shall deliver to OPSEU particulars of the alleged overpayment to the grievor including detailed calculations of the amount owed and all supporting documents. The Employer shall make any prehearing production request to OPSEU and provide notice of any preliminary/procedural motion(s).
November 22, 2024 – OPSEU shall produce all relevant documents in response to the Employer’s prehearing production request as soon as the documents are available, and no later than November 22, 2024.
Agreed Statement of Fact
2The parties believe that a significant portion of the material facts in this matter will not be in dispute and have agreed to attempt to provide an Agreed Statement of Fact (“ASOF”).
November 22, 2024 – OPSEU will provide the Employer with an initial ASOF draft;
November 29, 2024 – the Employer will respond to the ASOF;
December 6, 2024 – the parties will finalize the ASOF and supporting documents;
December 9, 2024 – first day of mediation/arbitration.
3All 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 6th day of August 2024.