GSB# 2021-1602

UNION# 2021-0229-0059

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Union)

Union

• and -

The Crown in Right of Ontario

(Ministry of the Solicitor General)

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Nancy Virk

Ryder Wright Holmes Bryden Nam LLP

Counsel

FOR THE EMPLOYER

Caroline Cohen

Treasury Board Secretariat

Legal Services Branch

Senior Counsel

HEARING

April 23, 2025

Decision

1In its grievance dated September 13, 2021, the Union claims that the Employer contravened a number of provisions of the Collective Agreement when it contracted out bargaining unit work to a private security company during the temporary closure of the Ontario Correctional Institute (“OCI”). The parties have been attempting to develop a partial Agreed Statement of Fact (“ASF”) and have been discussing other matters to facilitate the hearing process. The next day of hearing is scheduled for July 22, 2025.

2At the hearing on April 23, 2025, the parties discussed and agreed upon certain actions that will be taken by each side within a reasonable time frame. Counsel for the Employer requested that their agreement be made the subject of an order. Having regard to the circumstances, I am satisfied that it is appropriate to direct the parties as follows:

1. The Union will provide its comments on the draft ASF that was prepared by Employer counsel by no later than April 23, 2025.

2. The Employer will respond to the Union’s comments on the draft ASF by no later than April 30, 2025.

3. By no later than May 14, 2025, the Union will make any additional comments that it may have for the completion of the ASF.

4. By no later than May 29, 2025, the Employer will make any additional comments that it may have for the completion of the ASF. The parties are hopeful that this process will result in the completion of an ASF.

5. By no later than May 30, 2025, the Union will provide the Employer with the names of the witnesses that it intends to call. This does not preclude the Union from calling other witnesses if it finds it necessary to do so.

6. For the purpose of compiling a joint book of documents, the Union will advise the Employer by no later than June 20, 2025, if it objects to any documents that the Employer intends to rely on and what documents it wants to include in the joint book of documents.

7. By no later than July 11, 2025, the Employer will advise the Union of its

position on the documents that the Union may want to include in the joint book of documents.