HomeMy WebLinkAbout2017-2277.Prisor et al.21-01-01 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2017-2277; 2019-1568; 2019-1569; 2019-1570; 2019-1571; 2019-2068;
2019-2069; 2019-2070; 2019-2445
UNION# 2017-0546-0025; 2019-0546-0009; 2019-0546-0010; 2019-0546-0011;
2019-0546-0012; 2019-0546-0018; 2019-0546-0019; 2019-0546-0020; 2019-0546-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Prisor et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Regina Wong
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 22, 2021
- 2 -
Decision
[1] The instant group grievances came before me for mediation-arbitration under
article 22.16 of the collective agreement. The parties advised the Board that
the issue raised in the grievance is a recurring one, which is likely to arise on
an on-going basis in the future. Neither party was interested in settling the
grievance through compromise. Instead, they jointly requested that the Board
hear evidence and submissions, and issue a decision that would provide
guidance to the parties. I agreed. To facilitate that I provide the following order
on the process to be followed by the parties.
[2] I grievances before me out of the Special Investigations Unit (“SIU”) in the
Ministry of Attorney General are as follows:
• A Group Grievance dated October 12, 2017 (GSB #2017-2277; OPSEU
#2017-0546-0025);
• A Group Grievance dated May 27, 2019 (GSB #2019-1568; OPSEU
#2019-0546-0009);
• A Group Grievance dated June 27, 2019 (GSB #2019-1569; OPSEU #
2019-0546-0010);
• A Group Grievance dated July 27, 2019 (GSB # 2019-1570; OPSEU #
2019-0546-0011);
• A Group Grievance dated August 27, 2019 (GSB #2019-1571; OPSEU #
2019-0546-0012);
• A Group Grievance dated September 30, 2019 (GSB # 2019-2068;
OPSEU # 2019-0546-0018);
• A Group Grievance dated October 31, 2019 (GSB # 2019-2069; OPSEU #
2019-0546-0019);
• A Group Grievance dated November 25, 2019 (GSB # 2019-2070; OPSEU
# 2019-0546-0020) and;
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• A Group Grievance dated December 16, 2019 (GSB #2019-2445; OPSEU
#2019-0546-0022).
[3] Most of the grievors are fixed-term or full-time investigators at the SIU. The
Grievances are for the most part identical, and assert that the employer’s
treatment of work time spent travelling to and from assigned Headquarters to
employer workplaces for the purpose of approved administrative work,
mandatory meetings and training for SIU investigators violates the Collective
Agreement. The grievances have been signed by more than thirty (30) Grievors.
[4] The Union has provided particulars to the Employer. The Employer has raised
objections on the basis of estoppel, timeliness and the sufficiency of particulars.
The employer has provided the Union with particulars with respect to its estoppel
argument.
[5] In order to be able to provide meaningful guidance to the parties, I make the
following order:
1. The Union will provide willsays for up to three representative grievors by June
30, 2021. The Union may provide willsays for additional witnesses if agreed
to by the Employer or by an order of the Board, subject to the usual rules of
procedural fairness. The willsays will include specifics including the who,
what, when, where that the representative grievors claim the employer
breached the collective agreement. The employer will have a right of cross-
examination and the union will have a right of re-direct.
2. The Employer will provide willsays including the who, what, when, where in
support of its arguments of its intended witnesses by January 14, 2022; the
union will have a right of cross-examination and the employer will have a right
of re-direct.
3. Following arguments, I will issue a decision on the merits, estoppel, and
timeliness objections.
4. The parties are directed to review my final decision once issued, and
determine what issues can be resolved without litigation. If there are
outstanding issues that cannot be resolved, I remain seized.
[6] The parties may revise any of the above timelines by mutual agreement or order
of the Board.
Dated at Toronto, Ontario this 1st day of February, 2021.
“Nimal Dissanayake”
________________________
Nimal Dissanayake, Arbitrator