GSB# 2023-02683

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Association of Management, Administrative and Professional Crown Employees of Ontario (Hyde et al)

Association

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE ASSOCIATION

Marisa Pollock Amy Chen Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 29, 2024

Decision

1On July 29, 2024, the Board convened with respect to complaints filed by eight employees of the employer. Each of the complainants allege that the employer contravened article 47 of the collective agreement by limiting their requests for alternative work arrangements to work remotely at home pursuant to OPS wide directives issued by the Secretary of Cabinet.

2It was clear that the parties had not exchanged particulars/production and were not in a position to commence litigation. Encouraged by the arbitrator, the parties discussed whether any settlement efforts would be productive. The employer was particularly of the view that such settlement discussions were not possible, at least at this time.

3As a result the parties, agreed upon the following consent order setting out continuation dates and timelines for process, including particulars and production. The consent order is hereby issued as a decision of the Board.

Consent Order

March 3, 2025; April 7, 2025; and April 23, 2025 are scheduled as continuation dates for this proceeding.

The parties will proceed utilizing will say statements for chief examination of witnesses instead of leading viva voce evidence. The will say statements may be supplemented with brief testimony in chief, and are subject to cross-examination.

The following timetable for the exchange of documents, particulars and will say statements will apply unless changed by agreement between the parties or further Board order :

On or before October 7, 2024, the employer will indicate to AMAPCEO whether it will be necessary to proceed with the scheduled litigation.

On or before October 7, 2024, AMAPCEO will provide particulars and make its request for production of documents. AMAPCEO will provide relevant documents regarding complainants that it intends to rely upon.

On or before November 29, 2024, the employer will provide the documents requested by AMAPCEO. The employer will indicate which documents are responsive to which item of AMAPCEO’s production request. Where the employer objects to producing any documents, it will indicate its reasons for doing so. In addition, the employer will indicate which facts from AMAPCEO’s particulars are in dispute. If the employer disputes any facts, it will provide its version of the facts.

On or before January 10, 2025, AMAPCEO will provide will say statements of the complainants.

On or before February 10, 2025, the employer will produce the will say statements for its witnesses and any further documents it intends to rely upon.

On or before February 24, 2025, AMAPCEO will provide any reply will say statements and/or any further documents it intends to rely upon.

On or before February 28, 2025, the parties will prepare a joint book of documents.

In the event any issues arise regarding relevance, proof of documents, deadlines, etc. and the parties require the arbitrator’s assistance, a conference call may be scheduled.

4The Board remains seized with the complaints, including any issues arising related to the terms of the consent order. This proceeding will continue on the dates scheduled.