HomeMy WebLinkAbout2021-3286.MacDonald.24-04-09 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# 2021-3286
UNION# 2021-0201-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(MacDonald) Union
- and -
The Crown in Right of Ontario
(Ministry of Finance) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Robin Lostracco
Ontario Public Service Employees Union
Senior Grievance Officer
FOR THE EMPLOYER Jordanna Lewis
Treasury Board Secretariat
Labour Practice Group
Counsel
HEARING April 4, 2024
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Decision
[1] The Board is seized with a grievance filed by Mr. Chris MacDonald. At the
hearing the parties engaged in mediation. While some progress was made and
proposals exchanged, no settlement was reached that day.
[2] The parties then discussed process and timelines in preparation for arbitration,
in the event the grievance is not settled.
[3] Based on those discussions, the Board hereby orders as follows:
1. The Employer will respond to the Union’s settlement proposal by April 18,
2024;
2. If the Parties are unable to resolve the matter, the Employer will provide
particulars of their timeliness motion and the outstanding production. It will
also respond to the Union setting out any facts it disagrees with in the
Union’s particulars by May 21, 2024;
3. The outstanding disclosure the Union identified was:
a. Notes from the FRSM and/or other correspondence related to the
timeliness of the grievance (It was acknowledged that timeliness was not
raised as an objection on the first hearing date)
b. The attached email chain, and any other outstanding correspondence
including any correspondence with advisors (HR, Health and Safety)
c. Audit and Inspection Handbook .The employer shall disclose and produce
the outstanding disclosure no later than May 21,2024. If the employer
objects or is unable to make disclosure of any of the above, it will inform
the union with reasons by April 30, 2024.
4. Based on the Employer’s response the Union will provide a partial agreed
statement of facts draft for the employer to review by June 14, 2024;
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5. The Employer will respond with any edits to the draft partial agreed statement
of facts by June 28, 2024.
Dated at Toronto, Ontario this 9th day of April 2024.
“Nimal Dissanayake”
Nimal Dissanayake, Arbitrator