Canadian Union of Public Employees - Local 1750 (Policy) v. The Crown in Right of Ontario (Workplace Safety and Insurance Board), 2026 CanLII 31236

GSB# 2023-03078

UNION# 23-39

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Canadian Union of Public Employees - Local 1750 (Policy)

Union

• and -

The Crown in Right of Ontario (Workplace Safety and Insurance Board)

Employer

BEFORE

Colin Johnston

Arbitrator

FOR THE UNION

Emma Phillips and Erica Cartwright Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Ron LeClair LeClair and Associates Counsel

HEARING

March 4, 2026

Decision

1The parties appeared on March 4, 2026, for what was intended to be a case management meeting in advance of the next hearing date, scheduled for April 30, 2026. An issue arose at the outset of the meeting regarding the presence of one of the Union’s representatives, whom I will refer to as “CN”. The Employer advised that this individual was criminally charged with impersonating a member of the WSIB’s human resources team during the labour dispute in 2025. Those charges remain outstanding and have not yet been proven in Court.

2In light of the circumstances, the Employer advised that it would not participate in the case management meeting if CN were participating in the process, even if it meant that they remained in the Union’s breakout room.

3This is not the first instance in which the Employer has made it known to the Union that it did not want CN participating in arbitration proceedings. The Union filed an unfair labour complaint before the Ontario Labour Relations Board in February 2026 and has sought an interim order from the Board. The parties argued the Union’s request for an interim order recently and are awaiting a decision from the Board.

4The Union takes the position that we use this day to case-manage the hearing as planned, and that the Employer’s position represents an unreasonable interference with its internal workings. It contends that CN is the employees' representative in this workplace and that they normally attend hearings at the GSB on behalf of the Union.

5The Employer, for its part, submits that it is not refusing to engage in case management; it simply does not want CN to participate in the process, and that the parties should wait for the OLRB’s interim order. It further submits that the Union invited CN to participate in this process to advance its position on the merits of the unfair labour complaint.

6I advised the parties that I am not prepared to order CN to leave the Zoom meeting as I see no basis for doing so. To be clear, the purpose of today was to case-manage the proceeding, which normally involves counsel meeting with the arbitrator in the main room while the parties remain in their breakout rooms.

7My main focus in this matter is to ensure that the parties are prepared to proceed on April 30, 2026. There are two issues to case manage: 1. the completion of an Agreed Statement of Fact (‘ASF’), and 2. outstanding production issues. I cannot order the parties to agree to an ASF; this requires them to cooperate and act in good faith.

8In an effort to move this matter forward, I directed the parties to come up with a timeline for addressing these outstanding issues before they signed off on the Zoom meeting. The parties agreed to the following timeline, which will take the form of an Order:

March 9 – The Employer will provide its response to the Union’s request and produce any material it does not oppose. It will also provide particulars as to why it is objecting to the production of any material.

March 13 – The Employer will provide its response to the Union’s draft ASF and include any additions, deletions, or revisions.

March 20 – The Union will advise if it will seek a production order for outstanding material. It will also provide its response to the revised ASF.

March 26 – The Employer will have a final opportunity to reply to the Union’s outstanding production requests and the parties will act in good faith to finalize either an ASF or partial ASF.

April 1 – the parties will meet with the arbitrator at 8:30 am to hear submissions on the outstanding production requests and address any other case management issues.

9All dates referenced above fall in the calendar year 2026. The parties are responsible for contacting the arbitrator if the timelines are not complied with. The parties may request a revision to these timelines by consent or, if there are reasonable grounds, to the arbitrator.