GSB# 2024-01010

UNION# 24-03

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 (Group)

Union

• and -

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

Employer

BEFORE

Kelly Waddingham

Arbitrator

FOR THE UNION

Danielle Sandhu Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Ron LeClair LeClair and Associates Counsel

HEARING

April 8, 2026

Decision

1This is an arbitration proceeding regarding Group Grievance #24-03 filed on January 25, 2024. The Grievance alleges that the Employer breached the May 1, 2023 Extended Hours Memorandum of Agreement (Extended Hours MOA). The Grievance alleges that the Employer failed to evenly distribute flex days in accordance with seniority and bidding preferences, required employees to attend the workplace, suspended flex work arrangements during the summer of 2024, and failed to return employees to their original shift schedules following the suspension.

2On December 10, 2025, I issued a case management direction directing the Employer to provide the Union with pre-hearing production in response to Items 1-10 of the Union’s production request dated October 24, 2025, and to provide notice of any preliminary issues/objections by no later than December 19, 2025.

3On December 9, 2025 and January 29, 2026, the parties met and discussed outstanding pre-hearing production. On January 29, 2026, the parties agreed to a case management schedule, including for outstanding production.

4On February 2, 2026, in accordance with the schedule, I issued a case management decision directing the Employer to provide pre-hearing production to the Union by March 16, 2026. The Employer was to provide, for each employee participating in the Extended Hours MOA Trial, the employee’s flex-day bidding preference, the flex day and hours assigned, the employee’s seniority, the employee’s pre-flex schedule, the employee’s post-flex schedule (i.e., shift during the suspension of flex in Summer 2024); and the September 2023 notice to employees regarding the suspension of flex hours in summer of 2024.

5On April 8, 2026, counsel for the parties appeared before me to discuss the Union’s concerns about outstanding production. Pre-hearing production remains outstanding.

6I hereby find that the following documents/information are arguably relevant to this proceeding and order the Employer to produce them to the Union by April 30, 2026:

a. A copy of the September 2023 notice to employees regarding the suspension of flex hours in summer of 2024; and

b. A completed copy of the attached table, setting out for each employee participating in the Extended Hours MOA Trial, the employee’s seniority date, flex day bidding preference, assigned flex day, pre-flex shift (i.e., the employee’s shift prior to the start of the Trial), assigned flex shift (i.e., during the Trial), and post-flex shift (i.e., during the suspension of flex in Summer 2024).