GSB# 2024-02350

UNION# 2024-0340-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Brown-Mitchell)

Union

• and -

The Crown in Right of Ontario (Ministry of Long-Term Care)

Employer

BEFORE

Bram Herlich

Arbitrator

FOR THE UNION

Jorge Hurtado Morrison Watts Hurtado Counsel

FOR THE EMPLOYER

Katie Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

October 7, 2025

Decision

1This case involves a grievance filed on November 13, 2024 (“the Grievance”), alleging that the Employer violated Articles 2, 3 and 46.

2The Union provided Particulars with respect to the Grievance on September 22, 2025.

3On September 29, 2025, the Employer advised that it intended to raise two preliminary objections. The Employer advised it intended to argue that the grievance should be dismissed on the basis it was not filed in a timely manner and that it should be dismissed for failing to present a prima facie breach of the Collective Agreement.

4In that same letter, the Employer requested that the Union advise of any explanation for the delay in filing the grievance and provide any medical documentation it wished to rely upon in advance of the hearing date.

5This hearing proceeded on October 7, 2025.

6After hearing the representations from the Parties, I have decided to issue a timeline with respect to next steps in this matter, in order to ensure the effective and efficient hearing of this grievance.

7The Union has advised that it intends to rely on medical documentation and that the Grievor wishes to provide viva voce evidence for the purposes of responding to the Employer’s preliminary objections.

8I order that the Union produce any medical documentation that it wishes to rely upon for the purposes of responding to the Employer’s preliminary objection by no later than November 14, 2025.

9The Union will produce an outline of the Grievor’s anticipated viva voce evidence by December 8, 2025.

10The Grievor’s viva voce testimony on the hearing date will be limited to providing evidence with respect to the Employer’s first preliminary objection with respect to the delay in filing the grievance. The Grievor will not be able to testify about matters unrelated to the Employer’s first preliminary objection.

11The Employer will have the right to cross-examine the Grievor, if it wishes. The Grievor’s evidence will proceed first, before each side makes legal submissions on the preliminary objections.

12The Parties have agreed that the hearing, inclusive of both the Grievor’s testimony and the legal argument with respect to both preliminary objections, will be completed in one hearing date.

13The Parties attempted to collaborate on an Agreed Statement of Facts prior to the hearing date to contextualize the background to the grievance. I encourage the Parties to attempt to continue these efforts, but if an Agreed Statement of Facts cannot be reached, these preliminary objections will be argued on the basis of the Union’s Particulars.

14Either Party may introduce documentation at the hearing. The other side is free to make argument with respect to what weight, if any, should be afforded to the documentation.

15The hearing with respect to the Employer’s preliminary objections will proceed on December 22, 2025.