HomeMy WebLinkAbout2023-02683.Hyde et al.24-08-02 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# 2023-02683
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
(Hyde et al) Association
- and -
The Crown in Right of Ontario
(Ministry of Finance) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE
ASSOCIATION
Marisa Pollock
Amy Chen
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 29, 2024
- 2 -
Decision
[1] On July 29, 2024, the Board convened with respect to complaints filed by eight
employees of the employer. Each of the complainants allege that the employer
contravened article 47 of the collective agreement by limiting their requests for
alternative work arrangements to work remotely at home pursuant to OPS wide
directives issued by the Secretary of Cabinet.
[2] It was clear that the parties had not exchanged particulars/production and were
not in a position to commence litigation. Encouraged by the arbitrator, the
parties discussed whether any settlement efforts would be productive. The
employer was particularly of the view that such settlement discussions were
not possible, at least at this time.
[3] As a result the parties, agreed upon the following consent order setting out
continuation dates and timelines for process, including particulars and
production. The consent order is hereby issued as a decision of the Board.
Consent Order
March 3, 2025; April 7, 2025; and April 23, 2025 are scheduled as
continuation dates for this proceeding.
The parties will proceed utilizing will say statements for chief examination
of witnesses instead of leading viva voce evidence. The will say
statements may be supplemented with brief testimony in chief, and are
subject to cross-examination.
The following timetable for the exchange of documents, particulars and
will say statements will apply unless changed by agreement between the
parties or further Board order :
On or before October 7, 2024, the employer will indicate to
AMAPCEO whether it will be necessary to proceed with the
scheduled litigation.
- 3 -
On or before October 7, 2024, AMAPCEO will provide particulars and
make its request for production of documents. AMAPCEO will
provide relevant documents regarding complainants that it intends to
rely upon.
On or before November 29, 2024, the employer will provide the
documents requested by AMAPCEO. The employer will indicate
which documents are responsive to which item of AMAPCEO’s
production request. Where the employer objects to producing any
documents, it will indicate its reasons for doing so. In addition, the
employer will indicate which facts from AMAPCEO’s particulars are
in dispute. If the employer disputes any facts, it will provide its
version of the facts.
On or before January 10, 2025, AMAPCEO will provide will say
statements of the complainants.
On or before February 10, 2025, the employer will produce the will
say statements for its witnesses and any further documents it intends
to rely upon.
On or before February 24, 2025, AMAPCEO will provide any reply
will say statements and/or any further documents it intends to rely
upon.
On or before February 28, 2025, the parties will prepare a joint book
of documents.
In the event any issues arise regarding relevance, proof of
documents, deadlines, etc. and the parties require the arbitrator’s
assistance, a conference call may be scheduled.
[4] The Board remains seized with the complaints, including any issues arising
related to the terms of the consent order. This proceeding will continue on the
dates scheduled.
Dated at Toronto, Ontario this 2nd day of August 2024.
“Nimal Dissanayake”
Nimal Dissanayake, Arbitrator