HomeMy WebLinkAbout2020-2143.D'Souza.22-03-16 Decision
GSB# 2020-2143; 2020-25556
UNION# 2020-0533-0009; 2021-0533-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(D’Souza)
Union
- and -
The Crown in Right of Ontario
(Ministry of Government and Consumer Services)
Employer
BEFORE Dale Hewat Arbitrator
FOR THE UNION
Jorge Hurtado
Morrison Watts,
Labour and Employment Lawyers
Counsel
FOR THE EMPLOYER
Regina Wong
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING March 11, 2022
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
-2-
DECISION
[1] On September 21, 2021 the Parties entered into a Memorandum of Settlement
(“MOS”) in which, among other commitments, the Parties agreed to the following in
paragraph 1 of the MOS:
“The Parties agree to participate in a facilitated workplace discussion by an
independent third party. The Employer will make best efforts to procure the
services of an independent third party to facilitate the workplace discussion
within sixty (60) days of the signing of this Memorandum of Settlement and to
schedule the facilitated workplace discussion promptly upon securing those
services based DocuSign Envelope ID: 8D2C0D52-4D8A-4231-88C7-
C4F64DB8C476 Page 2 of 3 on the mutual availability of the parties. The
Grievor agrees to participate in this facilitated workplace discussion, and the
Grievor shall have the right to union representation. The Employer will
participate in this facilitated workplace discussion with all PBOB-GTA managers
and the Senior Manager of PBOB. For the purposes of this facilitated workplace
discussion, there will be no requirement that the Grievor be in the same room
as management.”
[2] The Union requested a hearing about implementation of the MOS because the
Employer did not meet the conditions set out in paragraph 1of the MOS as it is beyond
the sixty (60) days for procuring an independent third party to facilitate the workplace
discussion and nothing has been scheduled. After discussion with the Parties, I make
the following Order:
(1) The Employer is ordered to advise the Union no later than March 31, 2022 of the
successful bidder in relation to the implementation of paragraph 1 of the MOS.
(2) If the Employer anticipates that it cannot meet the March 31, 2022 deadline it is
to raise the issue with the Union as soon as possible. The parties may agree to
an extension of timeline, or either party may seek a variance of the order from the
Board.
(3) It is expected that the process will commence no later than April 29, 2022. The
Employer has agreed to keep the Union advised of any changes to this timeline
and the Union has reserved its rights to seek further orders of the Board on an
expedited basis.
[3] I remain seized to deal with any further MOS implementation issues.
Dated at Toronto, Ontario this 16th day of March 2022.
“Dale Hewat”
Dale Hewat, Arbitrator