GSB# 2017-0462; 2021-1624; 2021-1626

UNION# 2017-0378-0014; 2021-0378-0046; 2021-0378-0048

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Trainor et al)

Union

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Joseph D. Carrier

Arbitrator

FOR THE UNION

Laura Johnson Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Michael MacLellan Crawford Chondon & Partners LLP Counsel

HEARING

January 23, 2025

Decision

1The parties have agreed to schedule hearing dates for the litigation of this matter on May 5, May 26, June 2 and August 19, 2025.

2In addition, the parties have agreed to schedule a hearing date for case management in this matter on March 21, 2025 to address any disputes and/or outstanding issues with respect to the steps outlined below.

3I hereby order that the parties take the following steps in advance of those hearing dates in order to ensure the efficient and timely litigation of this matter:

a. By no later than Friday, February 7, 2025, the Employer shall provide to the Union:

i. The Employer’s response to the scenarios for litigation proposed by the Union;

ii. The Employer’s response to the Union’s particulars, including the alleged facts that the Employer is in agreement with; the alleged facts that the Employer disputes; and any additional facts that the Employer wishes to rely on in the litigation, all with a view to reaching an agreed statement of facts in this matter; and

iii. Any and all documents or materials that the Employer seeks to rely on in this matter, if any.

If the Employer fails to provide the responses as set out in paragraphs 3 (a) (i) and (ii) to the Union by end of day on Friday, February 7, 2025, the Employer will be deemed to have accepted the scenarios outlined by the Union for litigation and the facts alleged by the Union. If the Employer fails to provide the documents as set out in paragraph 3(a)(iii) by end of day on Friday, February 7, 2025, the Employer will be precluded from relying on any additional documents or materials in this matter, subject to any new issues that may be raised from the Union’s March 7, 2025 reply as outlined in paragraph 3(b) below.

b. By no later than Friday, March 7, 2025, the Union shall respond to the materials provided by the Employer as outlined in paragraph 3 (a), including with respect to the Scenarios and the draft Agreed Statement of Facts.

c. By no later than Friday, March 28, 2025, the Parties shall finalize:

i. The scenarios to be put before the Board for litigation;

ii. An agreed statement of facts;

iii. Any non-agreed facts to be put before the Board;

iv. Any and all documents to be put before the Board on consent.