GSB# 2021-1744; 2021-2716

UNION# 2021-0430-0005; 2021-0430-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Moore)

Union

• and -

The Crown in Right of Ontario (Ministry of Public and Business Service Delivery and Procurement)

Employer

BEFORE

Adam Beatty

Arbitrator

FOR THE UNION

James Craig Morrison Watts Hurtado Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 30, 2025

Decision

1In a preliminary decision dated December 20, 2022, I wrote that this matter had a “complicated procedural history” and that there were a “number of preliminary issues” that needed to be addressed before a hearing on the merits could begin. In that decision I also noted that the parties had engaged in good faith efforts to resolve some of those preliminary issues and had worked on a framework for resolving others. Finally, in the December 20, 2022, decision I also noted that the parties had agreed to consolidate a number of grievances to be heard together.

2Approximately two years have passed since the December 20, 2022 decision. During that time counsel and the parties have held numerous mediation days and conference calls. The parties have made considerable progress in resolving grievances filed by or on behalf of multiple grievors. All grievors have now resolved all of their outstanding grievances with the exception of Ms. Jennifer Moore.

3Despite the parties’ best efforts, Ms. Moore’s grievances have not resolved and the litigation has yet to start. There has been a significant passage of time since those grievances were filed. The next hearing date is scheduled for January 23, 2026.

4I encourage the parties to continue with their efforts to resolve this matter, including making good faith settlement offers, between now and the next hearing date. However, and in order to ensure that hearing time is used efficiently, I am directing the Grievor to advise the Employer (through counsel to the Union) by no later than December 5, 2025 whether she intends to make a good faith offer to resolve this matter or whether she prefers to start the case on the next hearing date. Any offer to resolve this matter must also be made by December 5, 2025 (if that is the route the Grievor decides to pursue).

5Finally, the Employer has indicated that if this matter proceeds to litigation, it reserves the right to request that the grievances be dismissed on any number of grounds, including but not limited to, that allowing the grievances to proceed in all the circumstances constitutes an abuse of process.