HomeMy WebLinkAbout2020-1871.Gotsanyuk et al.21-09-02 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# 2020-1871; 2020-1960; 2020-2132
UNION# 2020-5112-0214; 2020-5112-0225; 2020-5112-0252
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gotsanyuk et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Nimal Dissanayake
Arbitrator
FOR THE UNION
Manprit Singh
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER
Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING DATE August 30, 2021
-2-
DECISION
[1] The instant grievances came before the Board under article 22.16 of the
collective agreement. No resolution was achieved through mediation. The
Board has directed that the Registrar schedule a hearing for arbitration.
[2] In order to facilitate efficient litigation of all issues, it is hereby ordered as
follows:
(a) The union is ordered to provide the employer with full particulars of the
material facts and all documents, physical or digital, on which it relies on, no
later than 60 calendar days before the hearing date scheduled by the Registrar.
(b) The employer is ordered to produce to the union all documents physical or
digital and full particulars of any additional material facts it intends to rely on,
together with notice of any preliminary motions it intends to make, no later than
45 calendar days from the date of receipt of the union’s particulars and
production.
(c) The parties shall consult with each other once the exchange of particulars
and production pursuant to (a) and (b) above has been completed, to discuss
means of expediting the arbitration process, including the possibility of
producing a full or partial agreed statement of fact.
(d) During mediation employer counsel pointed out that one of the grievances
in this proceeding is about a compressed work week issue, and questioned the
appropriateness of it being heard together with the other grievances. The
parties are directed to discuss that issue in advance of the hearing. If no
agreement is reached that issue may be raised at the hearing for a ruling by
the Board.
[3] The parties may change the timelines herein ordered by mutual agreement or
further order of the Board.
[4] The Board remains seized.
Dated at Toronto, Ontario this 2nd day of September, 2021.
“Nimal Dissanayake”
_________________________
Nimal Dissanayake, Arbitrator