GSB# 2017-0130; 2017-0336; 2017-0337; 2017-0347; 2017-0351; 2017-0352; 2017-0354; 2017-0355; 2017-0360; 2017-0361; 2017-0362; 2017-0365; 2017-0366; 2017-0367; 2017-0388; 2017-0389; 2017-0390; 2017-0393; 2017-0394; 2017-0417; 2017-0659; 2017-1508; 2017-2981

UNION# 2017-5112-0059; 2017-5112-0072; 2017-5112-0073; 2017-5112-0075; 2017-5112-0079; 2017-5112-0080; 2017-5112-0082; 2017-5112-0083; 2017-5112-0088; 2017-5112-0089; 2017-5112-0090; 2017-5112-0093; 2017-5112-0094; 2017-5112-0095; 2017-5112-0097; 2017-5112-0098; 2017-5112-0099; 2017-5112-0102; 2017-5112-0103; 2017-5112-0107; 2017-5112-0131; 2017-5112-0213; 2017-0411-0027

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (MacIver)

Union

• and -

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

Employer

BEFORE

Diane L. Gee

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 16, 2026

Decision

1This decision is issued in accordance with Article 22.16 of the collective agreement in respect of grievance number 2017-2981. It is without prejudice or precedent to any other matters between the parties and is issued without detailed written reasons.

2Regardless of the outcome of this matter on the merits, the damages sought by the grievor would not be awarded and hence there is no labour relations purpose to enquire into this matter.

3In OPSEU (MacIver) and Ontario (Ministry of the Solicitor General), 2021 CanLII 37041 (ON GSB) Arbitrator Misra determined the grievor’s anniversary date to be September 1. The doctrine of res judicata prevents the Union from re-litigating this issue. This determination precludes any claim for damages in relation to scheduled wage increases.

4The grievor’s claim for damages for statutory holidays is speculative.

5The grievor has claimed damages for “personal loss/mental health” caused by his suspension pending investigation. Section 36(2) of the Public Service of Ontario Act S.O. 2006, c. 35 provides for the imposition of a suspension pending the conclusion of an investigation to determine whether there is cause of the imposition of discipline. The roles of Correctional Officer and Recreation Officer are ones where circumstances arise that create the need to carry out such investigations. Given that a suspension of the nature of the one imposed on the grievor is inherent in the positions he held, damages for “personal loss/mental health” would not be awarded.

6The grievance is hereby dismissed.

7I retain jurisdiction to address any remaining issues in connection with this group of grievances not determined in this or prior decisions.