GSB# 2023-02491

UNION# 2023-0308-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hill et al)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Behzad Akhkend Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Katie Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 21, 2026

Decision

1This is a referral under Article 22.16.1 of the Central Collective Agreement between the parties of a group grievance. It relates to vacancies in the probation and parole officer position in the Peterborough office (the “Hill grievance”). There are several other grievances which in the Union’s view raise similar issues.

2Article 22.16.1 provides for the resolution of grievances “in an expeditious and informal manner”. The mediator/arbitrator is to assist the parties in attempting to settle the matter. Should efforts be unsuccessful, the mediator/arbitrator is to determine the grievance by arbitration. In doing so, Article 22.16 provides the mediator/arbitrator may “limit the nature and extent of the evidence and may impose such conditions as he or she considers appropriate”. Decisions reached are without precedent unless the parties agree otherwise. Decisions are to be succinct and to be issued within five days of the completion of the proceedings, unless the Parties agree otherwise.

3Attempts to resolve these matters through mediation were unsuccessful. The expectation of the institutional parties is that if the case cannot be completed on the day of the mediation efforts, it will be completed expeditiously. Accordingly, one further day will be scheduled to complete the hearing of these grievances.

4Having considered the representations of the parties, I make the following directions with respect to the procedures to be followed in this case.

(i) On or before March 13, 2026, the Union shall:

(a) In relation to the Hill grievance, provide the Employer with its full particulars by setting out in consecutively numbered paragraphs all material facts upon which it relies with references to any related documents. The Union’s particulars shall be accompanied by copies of all documents upon which the Union relies.

(b) Request from the Employer any further documents it seeks to have produced in relation to the Hill grievance.

(c) Identify any other grievances which it seeks to have consolidated with the Hill grievance and in relation to each of those grievances, provide the Employer with its full particulars by setting out in consecutively numbered paragraphs all material facts upon which it relies with references to any related documents. The Union’s particulars shall be accompanied by copies of all documents upon which the Union relies in relation to any other such grievances.

(d) Request from the Employer any further documents it seeks to have produced in relation to any other grievance(s) it seeks to have consolidated with the Hill grievance.

(ii) On or before April 2, 2026, the Employer shall advise the Union whether or not it agrees to consolidate with the Hill grievance any of the grievances identified by the Union. The Employer shall also identify to the Union any preliminary issues which it intends to raise with respect to the Union’s particulars, documents or production requests.

(iii) A conference call shall be held on June 3, 2026, if necessary, to hear submissions in the event the parties disagree with respect to consolidation of grievances, the terms which would govern such consolidation, or have been unable to resolve any issues the Employer has raised with respect to the Union’s particulars, documents or production requests. For clarity, any arguments with respect to jurisdiction shall not be heard on a preliminary basis, but rather may be raised in the hearing on the merits.

(iv) On or before August 7, 2026, the Employer shall provide its response to the Union with respect to the Hill grievance and any other grievances which have been consolidated with the Hill grievance. The Employer’s response shall be in consecutively numbered paragraphs and shall commence by indicating with respect to each of the paragraphs in the Union’s particulars whether the Employer agrees or disagrees, including a brief statement of the extent and basis of any such disagreement. The Employer’s response shall continue by setting out all additional material facts upon which it relies with references to any related documents. The Employer’s response shall be accompanied by copies of all additional documents upon which the Employer relies. At the same time, the Employer shall request from the Union any further documents it seeks to have produced in relation to the grievance(s).

(v) On or before October 2, 2026, the Union shall provide its reply to the Employer. The Union’s reply shall be in consecutively numbered paragraphs and shall commence by indicating with respect to each of the paragraphs in the Employer’s responding particulars whether the Union agrees or disagrees, including a brief statement of the extent and basis of any such disagreement. The Union’s reply shall continue by setting out all additional material facts upon which it relies with references to any related documents. The Union’s reply shall be accompanied by copies of all additional documents upon which the Union relies. At the same time the Union shall respond to the Employer’s production requests.

(vi) Copies of particulars and documents relied upon (as distinct from production) are to be filed with the Arbitrator at the same time they are exchanged.

(vii) Subject to what follows, all material facts in the particulars and all documents filed will be considered to be in evidence for the truth of their contents. No party will be permitted to rely upon any material fact which they did not particularize, unless leave to do so is granted by the Arbitrator.

(viii) On or before October 23, 2026, the parties will advise the Arbitrator of any material facts which either or both of them consider to be in dispute and of any outstanding issues with respect to particulars, documents or production requests. A conference call will be scheduled if necessary to hear submissions on those issues.

(ix) Two clear business days in advance of the hearing, the parties are to exchange books of authorities. No party shall be permitted to rely upon additional authorities without leave of the Arbitrator.

(x) The hearing on the merits shall be held on December 14, 2026. Oral evidence will only be heard with respect to facts which, in the view of the Arbitrator, are material and in dispute, or as directed by the Arbitrator. The Arbitrator may limit the scope of examination-in-chief and cross-examination accordingly. The parties are to come prepared to make full final argument on the merits.

(xi) The dates set out in these procedures may be altered on the agreement of the parties.

(xii) The Arbitrator retains complete control over these procedures and may vary them as, in his opinion, circumstances warrant having regard to the objective of expeditious resolution of the disputes.