GSB# 2024-01819

UNION# 2024-0446-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dion)

Union

• and -

The Crown in Right of Ontario (Ministry of Education)

Employer

BEFORE

Johanne Cavé

Arbitrator

FOR THE UNION

Jorge Hurtado Morrison Watts Hurtado Counsel

FOR THE EMPLOYER

Jordanna Lewis Treasury Board Secretariat Legal Services Branch Counsel

HEARING

November 12, 2025

Decision

1I have been appointed pursuant to the collective agreement between the parties to hear two grievances filed by the Union on September 26, 2024 on behalf of its member, Samantha Dion. The first grievance is a claim for benefits (Grievance 2024-0446-0009). The second grievance alleges that the Employer failed to convert the grievor’s fixed-term position to a regular position in accordance with the terms of the collective agreement (Grievance 2024-0446-0010).

2A mediation/arbitration session was initially scheduled for October 8, 2025, to deal with both grievances. Union counsel attended with the grievor. Employer counsel attended alone and was unable to confirm client attendance on that date. In the circumstances, I conducted a case management hearing. Counsel agreed to explore settlement options and scheduled a further case management hearing for November 10, 2025, as well as a hearing on the merits for January 29, 2026, should the matters remain unresolved.

3At the November 10, 2025 case management hearing, Employer counsel advised that the grievances had been settled by the parties months earlier, although she did not have details of the alleged settlement, of which Union counsel was unaware. A follow-up case management hearing was scheduled for November 12, 2025 to allow Employer counsel to obtain a copy of the Minutes of Settlement.

4At the November 12, 2025 case management hearing, Employer and Union counsel confirmed that their clients had resolved Grievance 2024-0446-0009 on January 24, 2025, and provided the Minutes of Settlement. The parties agreed that, considering the settlement, I am no longer seized of Grievance 2024-0446-0009.

5During the same case management hearing, Union and Employer counsel confirmed that Grievance 2024-0446-0010 remains active, as it is independent from Grievance 2024-0446-0009 and is not covered by the Minutes of Settlement. They also confirmed that Grievance 2024-0446-0010 is properly before me and will proceed to hearing on the merits on January 29, 2026.

6In preparation for the hearing of Grievance 2024-0446-0010 on the merits, and to ensure the efficient litigation of this grievance, I order the parties to comply with the following schedule, agreed to during the November 12, 2025 case management hearing:

a. The Employer shall provide production no later than November 21, 2025.

b. The Union shall provide full particulars no later than December 31, 2025.

c. The parties shall attend the next hearing date, scheduled for January 29, 2026, fully prepared to proceed with their evidence and submissions.

7I remain seized to address any issues arising from or relating to the implementation of this decision.