GSB# 2023-00573

UNION# 2023-0338-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Belaney)

Union

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Kelly Waddingham

Arbitrator

FOR THE UNION

Awnonna Rashid Collins & Metcalfe LLP Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

April 29, 2025

Decision

1This is a grievance regarding a seven day suspension served by the Grievor in April 2023.

2The parties convened in early 2024 but were unable to mediate a settlement. In July 2024, the Employer provided OPSEU with pre-hearing production and particulars. Subsequent hearing days were scheduled for late 2024, but were adjourned by the parties for various reasons. The arbitrator adjourned the hearing dates scheduled in January and February 2025.

3On April 29, 2025, the parties convened and attempted with the benefit of July 2024 prehearing production to mediate a settlement of the grievance but were unable to reach a resolution. The parties subsequently engaged in discussions regarding how to proceed with the case and came to the following agreements:

1. The parties agree that the April 26, 2023, grievance which alleges that the seven-day suspension issued on April 21, 2023 violates Articles 2, 3, and 21 of the collective agreement and Sections 34 and 35 of the Public Service of Ontario Act is properly before this Arbitrator. The Grievor’s other complaints are beyond the scope of this grievance and not before this Arbitrator and might be subject to December 2, 2022 Minutes of Settlement between the parties.

2. The parties agreed to manage hearing time with care and efficiency. To this end the Employer agreed to provide its witnesses biographical and work experience through Will-Say statements which the witnesses will adopt at the beginning of their viva voce evidence.

3. There has been a great benefit to mediation as it has brought matters into focus. When the parties convene for the first day of hearing on February 10, 2026, the parties must be prepared to very briefly canvass the possibility of settlement and then immediately proceed to opening statements. The Employer will be expected to call its first witness.

4. Continuation dates are scheduled for February 10 and 23, March 30, and April 20, 2026.

5. Should a procedural issue arise before the first hearing date, the parties are directed to contact the Grievance Settlement Board to arrange for a pre-hearing conference.