Ontario Public Service Employees Union (Ploedt) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2025 CanLII 78011

GSB# 2023-02385

UNION# 2023-0229-0041

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ploedt)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Kelly Waddingham

Arbitrator

FOR THE UNION

Rebecca Jones Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 15, 2025

Decision

1This grievance was filed by OPSEU on November 17 2023 following the termination of the grievor’s employment in October 2023.

Background

2At the first day of hearing on June 18, 2024, it was determined that pre-hearing production was required to facilitate mediation discussions. A June 19, 2024 case management decision set out the parties’ agreement on a schedule for pre-hearing production. A mediation was scheduled for January 24, 2025.

3On June 21, 2024 SOLGEN made a request for pre-hearing production of the grievor’s medical records.

4In a case conference call on December 12, 2024, OPSEU reported that despite numerous attempts to communicate with the grievor, he had not signed the medical release forms required to obtain his medical records for the Employer’s pre-hearing production request. In a December 12, 2024, case management decision the grievor was urged to immediately contact OPSEU to participate in the preparation of his grievance and attend the January 24, 2025 mediation.

5The January 24, 2025 mediation was adjourned and rescheduled to July 15, 2025.

6When the matter convened on July 15, 2025, counsel to OPSEU advised that pre-hearing production of the grievor’s medical records had not been made because of ongoing difficulties in contacting the grievor to have him sign the requisite medical release forms.

7I expressed my concern that there had been no pre-hearing production and asked how the parties wished to proceed. Counsel to SOLGEN advised that SOLGEN intended on bringing a preliminary motion to dismiss the grievance on the basis of jurisdiction.

8OPSEU counsel advised that although the grievor felt anxious and overwhelmed, he was in attendance and able to provide instructions and participate in the grievance proceedings. Counsel expected the grievor to sign the requisite release forms by the end of the hearing day.

9The parties agreed that in the circumstances, case management was necessary and adopted the following case management schedule:

Case Management Schedule

• September 19, 2025 – OPSEU to provide a copy of the grievor’s medical record to SOLGEN;

• September 23, 2025 – SOLGEN to advise OPSEU of any preliminary motion(s) and provide particulars;

• September 26, 2025 – Mediation/Arbitration. The parties are expected to attend and be fully prepared to mediate a resolution. If mediation fails, SOLGEN’s preliminary motion(s) will be addressed.

10This is the third case management decision issued since June 2024. Despite two earlier decisions, there has been no prehearing production and the matter has not progressed in over a year. Should the parties encounter any further procedural difficulties, they must immediately contact the GSB to schedule a case conference.

11The grievor is urged to cooperate with OPSEU and participate in the preparation and presentation of the grievance. The grievor is put on notice that any future failure to participate in the preparation of the grievance and or attend at the mediation scheduled for September 26, 2025 without sufficient notice and supporting documentation may result in the dismissal of the grievance.