HomeMy WebLinkAbout2016-1301.Campbell et al.21-02-12 DecisionCrown 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# 2016-1301; 2016-1568
UNION# 2016-0108-0016; 2016-0999-0059
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Campbell et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Nimal Dissanayake
Arbitrator
FOR THE UNION
Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING February 11, 2021
-2-
DECISION
[1] The Board is seized with a union grievance, a group grievance relating to the
employer’s application of article 31A.2.3 of the collective agreement relating to
salary progression of its fixed-term employees.
[2] The employer had given notice that it would be making an estoppel argument.
At the hearing, the union requested that the Board order that the employer
provide timely particulars and disclosure with regard to its claim of estoppel.
The employer did not oppose the request, and an order was made verbally.
This is a written confirmation of that order.
[3] The Board orders as follows:
(a) The employer shall provide the union with full particulars in writing of all
material facts it relies on to support its estoppel argument.
(b) The Board further orders that the employer provide the union with copies of
any documents, which means any record of information in whatever form, physical
or electronic, in its possession or custody, which it intends to rely on to support its
estoppel argument.
(c) The orders in (a) and (b) above shall be complied with no later than Friday
February 26, 2021, unless the parties agree to extend time.
[4] This proceeding will continue on the dates scheduled. The Board remains seized.
Dated at Toronto, Ontario this 12th day of February, 2021.
“Nimal Dissanayake”
______________________
Nimal Dissanayake, Arbitrator