HomeMy WebLinkAbout2012-2477.Ranger.2022-10-07 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# 2012-2477
UNION# 2012-0424-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ranger) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah Leighton Arbitrator
FOR THE UNION Craig Flood
Koskie Minsky LLP
Counsel
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Counsel
HEARING October 4, 2022
- 2 -
Decision
[1] The grievance before me alleges that the Ministry has breached the order for
future damages for premium pay made in a decision of the Board issued in 2013
(order 5) and Minutes of Settlement in 2015. Significant attempts to settle these
issues have not been successful and the matter is proceeding with litigation. A
preliminary decision on, inter alia, production of documents was issued on March
3, 2022.
[2] The hearing continued before me on October 4, 2022, and I made the following
oral order, which I record here at the request of the parties.
[3] Given the union’s concerns about the accuracy of the data that the Ministry relies
on to calculate the monies owed to the grievor under order 5, and given the need
for this data to be verified before any calculations using it can be tested, the
litigation shall continue with evidence from the employer on the method of
recording and storing this data. The union will be provided with a full opportunity to
respond to this evidence. The order of this evidence does not change the legal
onus on this issue.
Dated at Toronto, Ontario this 7th day of October 2022.
“Deborah Leighton”
Deborah Leighton, Arbitrator