HomeMy WebLinkAbout2022-8916.Association.23-09-19 Decision.doc
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# 2022-8916
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Association of Management, Administrative and
Professional Crown Employees of Ontario
(Association) Association
- and -
The Crown in Right of Ontario
(Treasury Board Secretariat) Employer
BEFORE Brian McLean Arbitrator
FOR THE
ASSOCIATION
Kelly Doctor
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Paul Meier
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 18, 2023
- 2 -
Decision
[1] This is a complicated policy grievance which involves benefit claims in which
there is an issue as to the interplay (if any) between the benefits provisions in the
parties’ collective agreement and the plan documents of the insurance company
which the Employer has engaged to administer/provide benefits. For the
purposes of this decision, I need not describe the various issues between the
parties in any detail.
[2] Today the parties met to discuss how this matter might be efficiently litigated.
The parties agreed:
1) The Employer shall provide the Association with a draft agreed statement of
facts by October 6, 2023.
a) Included among the proposed agreed statement of facts will be the
Employer’s position regarding the facts relied on by the Association with
respect to acupuncture services as set out in counsel’s letter dated September
13, 2023 (see bottom of page 2).
b) Either as part of the proposed agreed statement of fact or separately the
Employer will provide a “will say” statement from any witness it intends to call
from Canada Life.
2) The Parties agree that individual remedial claims will be bifurcated from the
hearing on the merits. However, it is also understood that as part of the hearing
on the merits the Association will be seeking a declaration of a violation of the
collective agreement and an Order requiring the Employer and its insurer to act
in accordance with the declared interpretation of the collective agreement
(assuming the Association is successful in its argument). The Employer will
oppose these requests.
[3] I remain seized.
Dated at Toronto, Ontario this 19th day of September 2023.
“Brian McLean”
Brian McLean, Arbitrator