HomeMy WebLinkAbout2023-02159.Anderson et al.24-10-17 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2023-02159
UNION# 2023-0623-0039
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Anderson et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Natural Resources) Employer
BEFORE Kelly Waddingham Arbitrator
FOR THE UNION Alexander Zamfir
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Julia Evans
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARINGS October 16, 2024
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Decision
[1] This group grievance alleges that during the 2023 fire season the Employer failed
to fairly distribute overtime hours. The parties advise that following the April 18,
2024 mediation, the Employer provided prehearing production and particulars
outlining its rationale for the distribution of the overtime.
[2] This matter convened on October 16, 2024. After a brief attempt at mediation the
parties engaged in discussion for the purpose of case management. In the spirit of
cooperation and for the purposes of attempting to focus the proceeding the parties
agreed to the timeline set out below.
• By November 22, 2024, OPSEU shall deliver to the Employer
comprehensive particulars of the grievance which will include the
specific remedy sought for each grievor and the basis for the remedy
which includes the day(s) hour(s) claimed and a detailed calculation of
the amount owing;
• By November 22, 2024, OPSEU will make any remaining prehearing
production request for documents. The threshold for pre-hearing
production of a document is arguable relevance which has some logical
or rational relationship between the documents being sought and the
issues in this proceeding. It is also important to point out to the parties
that any document it seeks to rely on at the hearing into this grievance,
must be disclosed to the opposing party in advance of the hearing;
• By January 3, 2025, the Employer will provide any outstanding
production to OPSEU. If the Employer objects to producing a document
it will set out the basis for the objection in writing.
[3] If necessary, any outstanding prehearing/mediation matters will be dealt with via a
conference call at least 30 days prior to the next hearing date.
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[4] The next day of mediation/arbitration is scheduled for April 10, 2025.
[5] All dates contained in this case management decision are subject to change on
the agreement of the parties or direction of the arbitrator.
Dated at Toronto, Ontario this 17th day of October 2024.
“Kelly Waddingham”
Kelly Waddingham, Arbitrator