HomeMy WebLinkAbout2022-6891.Union.23.08.24 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# 2022-6891
UNION# 2022-0999-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General ) Employer
BEFORE Adam Beatty Arbitrator
FOR THE UNION Laura Johnson
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING August 23, 2023
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Decision
[1] The Union filed a grievance alleging that the Employer has violated
Letter of Understanding Appendix COR14. In particular, the Union
submits that the Employer has failed to meet the timelines to provide
the information required under Appendix COR14.
[2] With respect to the information the Employer is required to provide to
the Union under Appendix COR14, there is currently a backlog of
information owing to the Union for the period from July 1, 2021 –
December 31, 2022 (the “Backlog”).
[3] The Employer is in the process of implementing a new data
base/computer system. The old data base/computer system is called
the “IMU”. The new system is called the “IRM”.
[4] At the hearing of this matter, the parties requested that the Board
issue the following consent award:
CONSENT AWARD
1. The Employer acknowledges that it has not met the deadlines for
providing the information to the Union as required under Appendix COR14.
2. The Union acknowledges that the Employer has provided the Union with a
Report from the IRM (an “IRM Report”) covering the period October 11, 2022 –
December 31, 2022.
3. As the process of switching from the IMU to the IRM continues, the parties
understand that some of the data will continue to be provided under the IMU until
such time as the switch is complete. That information will be provided in the form
of an IMU Report.
4. The Union acknowledges that the Employer has provided, notwithstanding
the Backlog, Reports from both the IRM and IMU systems containing all relevant
data, as specified in Appendix COR14, for the period from January 1, 2023 until
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June 30, 2023 within the required time frame. The Employer will continue to
provide the data specified in Appendix COR14 within thirty (30) days of the
relevant reporting periods in accordance with Appendix COR14 thereafter.
5. IMU reports for the Backlog will be provided to the Union within thirty (30)
days of the IMU Report for each of the relevant time periods having been
prepared and will be provided to the Union in both Excel and PDF formats. The
Employer will continue providing IMU reports (covering a six-month reporting
period as contemplated by Appendix COR14) until such time as the Backlog is
eliminated.
6. The Employer agrees to take concrete steps to address the Backlog.
Such steps may include, but are not limited to, allocating additional resources or
increasing staffing. Effective October 31, 2023, on the last business day of every
month until the Backlog is eliminated, the Employer will advise the Union how
much of the Backlog has been addressed.
7. The Employer will provide all IMU and/or IRM Reports to the Union
through the parties’ normal disclosure process and as required by Appendix
COR14, in both Excel and PDF formats, unless the parties agree otherwise.
8. The Parties agree that a hearing date in this matter will be scheduled for
August 14, 2024.
9. I will remain seized with respect to the interpretation, implementation, and
enforcement of this order.
Dated at Toronto, Ontario this 24th day of August 2023.
“Adam Beatty”
Adam Beatty, Arbitrator