GSB# 2020-2273; 2020-2276; 2020-2934;

2020-2272; 2020-2274; 2020-2275

UNION# 2020-5112-0260; 2020-5112-0263; 2021-5112-0028;

2020-5112-0259; 2020-5112-0261; 2020-5112-0262

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Speziali)

Union

• and -

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

Employer

BEFORE

Sara Slinn

Arbitrator

FOR THE UNION

Kirsty Niglas-Collins Collins & Metcalfe LLP Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

By written submissions concluding November 27, 2025

Decision

INTRODUCTION

1This decision addresses a preliminary motion brought by the Employer seeking dismissal of six grievances filed by the Union on behalf of the Grievor, Dean Speziali. The Employer seeks to have the grievances dismissed for undue delay pursuant to the doctrine of laches. The Union opposes the Employer’s motion.

2This preliminary issue was argued by way of written submissions. The parties did not provide an agreed statement of facts. No testimonial evidence was presented, although some documentary evidence was tendered.

3Having carefully considered the parties' submissions, and for the following reasons, the Employer's motion is denied.

BACKGROUND

4The Grievor has been employed by the Ministry of the Solicitor General as a Correctional Officer since December 2013. The Grievor worked at the Toronto South Detention Centre (“TSDC”) at the time that the six grievances addressed in this decision were filed in November 2020 and February 2021. The Grievor later transferred to the Hamilton-Wentworth Detention Centre, effective 28 June 2021.

5This decision addresses the following six grievances:

• Grievance 1: GSB No. 2020-2272 (23 November 2020) Alleges violation of the discrimination and management rights provisions of the Collective Agreement, claiming that the Employer defamed the Grievor and created a poisoned work environment by forwarding information to Toronto Police to seek charges against the Grievor relating to what the Grievor says are unsubstantiated threats.

• Grievance 2: GSB No. 2020-2374 (27 November 2020) Alleges violation of the discrimination and management rights provisions of the Collective Agreement, the Respectful Work Policy; the Code of Conduct and Professionalism Policy (“COCAP”), the Statement of Ethical Principles; that the Employer failed to provide a full and fair investigation by completing a Workplace Violence Risk Assessment (“WVRA”); that the WVRA is inaccurate; and, that the Employer defamed the Grievor and created a poisoned work environment by sharing the WVRA findings with the complainant, contrary to policy and privacy requirements.

• Grievance 3: GSB No. 2020-2275 (23 November 2020) Alleges the Employer violated the Collective Agreement by failing to address the Grievor’s complaints of ongoing harassment and targeting.

• Grievance 4: GSB No. 2020-2273; OPSEU No. 2020-5112-0260 (23 November 2020) Alleges the Employer discriminated against the Grievor by imposing a no inmate contact accommodation on the Grievor, arising from a 28 September 2020 incident for which the Grievor claims he had already been held accountable.

•