PSGB# P-2019-2644

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Thomas

Complainant

• and -

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

Employer

BEFORE

Marilyn A. Nairn

Vice Chair

FOR THE COMPLAINANT

Glendon Thomas

FOR THE EMPLOYER SUBMISSIONS

Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel July 31 and August 12, 2020

Interim Decision

1This matter is scheduled for mediation on August 24, 2020. Due to ongoing Covid restrictions, the parties were advised that an in-person process would not be convened and were asked for their input as to their preference with respect to alternate modes of proceeding.

2The complainant requested that the matter be adjourned until such time as an in-person process could convene, indicating that he would have difficulty accessing a video hearing and was opposed to written submissions. The Employer did not object to adjourning the August 24, 2020 date, but requested that the Board address the Employer’s preliminary objection relating to the timeliness of the complaint by means of written submissions on the basis that the facts relevant to that issue were not likely to be in dispute and it was content to provide the complainant with sufficient time to consider and respond to the Employer’s position.

3Having regard to these representations, the mediation scheduled for August 24, 2020 is hereby adjourned.

4The Employer has taken the preliminary position that the filing of the complaint does not comply with the timeliness requirements set out in sub-sections 8.(4) and 10(1) of Ontario Regulation 378/07 made under the Public Service of Ontario Act, 2006. It asserts that the complaint should therefore be dismissed on a preliminary basis and that this issue should be dealt with by way of written submissions.

5I understand the complainant to assert that he would be at an unfair disadvantage to proceed by way of written submissions. However, no reason or explanation was provided in that regard and it is the case that the Board regularly deals with issues by way of written submissions, particularly in circumstances where there may be little or no disagreement on the relevant facts. The uncertainty as to when in-person processes may resume further warrants consideration of other appropriate processes to ensure that matters are not unnecessarily delayed.

6I therefore direct as follows:

(a) The Employer is hereby directed to file in writing a statement of the facts on which it intends to rely in support of its position that the complaint is untimely. That statement is to be filed with the Board with a copy to the complainant by no later than Friday, August 28, 2020.

(b) Upon receipt of that proposed statement of fact, the complainant is hereby directed to advise in writing whether he agrees or disagrees with each of the facts asserted by the Employer. The complainant is also to advise whether there are any other facts on which he seeks to rely in support of his position that the complaint is timely. That response from the complainant is to be filed in writing with the Board with a copy to Employer counsel by no later than Friday, September 18, 2020.

(c) Upon receipt of the complainant’s response, the Employer is hereby directed to advise in writing whether it takes issue with any new fact, if any, asserted by the complainant. That reply is to be filed with the Board with a copy to the complainant by no later than Friday, September 25, 2020.

7Upon receipt of that material, the Board will review same and determine the appropriate next steps.