GSB# 2023-03248; 2024-00253

UNION# 2023-0248-0153; 2024-0248-0044

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McKeag)

Union

• and -

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

Employer

BEFORE

Kelly Waddingham

Arbitrator

FOR THE UNION

Nancy Dhugga Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Katie Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 26, 2025

Decision

Background

1These grievances allege, inter alia, that the Ministry of the Solicitor General (SOLGEN) discriminated against the grievor, James McKeag, on the basis of disability and failed to provide appropriate accommodation. The grievor claims consequential loss of pay and vacation credits.

2On December 17, 2024, the parties convened in an attempt to mediate the grievances. It became evident that case management was required. A Case Management Decision issued December 30, 2024, directed as follows:

• OPSEU was to provide “comprehensive particulars,” including a full explanation of the remedies sought and detailed calculations of amounts or credits claimed, by April 1, 2025;
• SOLGEN was to respond with any prehearing production and notice of any preliminary motions by May 2, 2025;
• The next hearing date was set for June 26, 2025, and the parties were to be prepared to mediate or make submissions on preliminary issues.

Developments

3On April 1, 2025, counsel to SOLGEN consented to OPSEU’s request for an extension to April 25, 2025. On that date, OPSEU delivered draft particulars, indicating that a finalized version would follow once reviewed by the grievor.

4On June 6, 2025, OPSEU advised that final particulars would be delivered by the end of that week. A revised version was subsequently provided.

5On June 23, 2025, counsel to SOLGEN contacted OPSEU’s counsel and advised that, in their view, the particulars did not satisfy the Board’s direction.

6On June 25, 2025, OPSEU informed SOLGEN that the grievor would be unable to attend the June 26, 2025 hearing due to a family health emergency and requested an adjournment.

7When the hearing convened on June 26, 2025, the grievor was not in attendance.

8At the hearing, OPSEU confirmed the grievor’s inability to attend. SOLGEN submitted that OPSEU had failed to comply with the Board’s December 2024 direction and requested that the grievances be dismissed, or in the alternative, that a final compliance deadline be imposed.

Decision

9Given the advance notice of the grievor’s family health emergency, the hearing of June 26, 2025, is hereby adjourned. The Board declines to dismiss the grievances at this time.

10However, the Board shares SOLGEN’s concern that the matter has not progressed in a timely or satisfactory manner. Compliance with prior directions remains essential. The following case management directions are issued:

• OPSEU shall deliver final, comprehensive particulars, including a full explanation of the remedies sought and detailed calculations of all amounts or credits claimed, no later than August 27, 2025.
• SOLGEN shall provide any remaining prehearing production and notice of any preliminary motions to OPSEU no later than September 17, 2025.
• The matter shall reconvene on October 10, 2025. The parties should be prepared to mediate failing which the parties will be expected to make their opening statements.

11OPSEU is directed to provide the grievor with a copy of this decision forthwith, and to provide the hearing link for October 10, 2025, no later than one week prior to the hearing date.

12The grievor is reminded that OPSEU will be advocating on behalf of the grievor in this proceeding. It is therefore imperative that the grievor fully cooperate with counsel to OPSEU, so that OPSEU can comply with paragraph 10 of this decision. Failure to comply with paragraph 10 of this decision may result in the dismissal of the grievances without further notice.