GSB# 2023-01900; 2021-00329
UNION# 2023-0369-0060; 2024-0369-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Gilchrist)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Kelly Waddingham
Arbitrator
FOR THE UNION
Nancy Dhugga Ryder Wright Holmes Bryden Nam LLP Counsel
FOR THE EMPLOYER
Maria-Kristina Ascenzi Treasury Board Secretariat Labour Practice Group Counsel
HEARING
August 7, 2024
Decision
1These are two grievances which arise out of discipline that the grievor received on September 14, 2023 and March 4, 2024. The parties met on August 7, 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.
August 9, 2024 – OPSEU shall make prehearing production request to the Employer.
October 11, 2024 – OPSEU shall deliver to the Employer comprehensive particulars of the grievances and its requested remedies. The particulars shall include all supporting documents on which OPSEU intends to rely.
October 18, 2024 – OPSEU will provide the Employer with a draft Agreed Statement of Fact (“ASOF”).
November 15, 2024 – the Employer will respond to the ASOF.
November 22, 2024 – the parties will finalize the ASOF and supporting documents.
November 22, 2024 – the Employer shall advise of any preliminary motions. The Employer must produce all relevant documents in response to OPSEU’s prehearing production request as soon as the documents are available, and no later than November 22, 2024. If the Employer objects to the production of a document it must file full submissions in support of their objection on or before November 22, 2024.
2On January 22, 2025 the matter will proceed as a mediation/arbitration. The Board will deal with any outstanding preliminary/procedural issues and canvass settlement.
3Hearing dates are scheduled for March 5, April 15, and May 12, 2025.
4All 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 21st day of August 2024.