HomeMy WebLinkAbout2023-02722.Michael.24-08-06 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# 2023-02722
UNION# 2024-0582-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Michael) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Kelly Waddingham Arbitrator
FOR THE UNION Joel Allen
Unified LLP
Counsel
FOR THE EMPLOYER Dimitrios Molos
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 30, 2024
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Decision
[1] This grievance was filed after the grievor was provided with notice that their fixed
term contract would end on January 28, 2024. The parties met on July 30, 2024,
to attempt mediation but were unable to reach a settlement. A case management
hearing was then held where the parties agreed to the following schedule.
Consolidation, Prehearing Production & Particulars
August 16, 2024 – OPSEU shall provide its position regarding the Employer’s
request to consolidate all outstanding grievances. OPSEU shall make pre-hearing
production request to the Employer.
August 30, 2024 – The Employer shall produce all relevant documents in
response to OPSEU’s prehearing production request.
September 6, 2024 – OPSEU shall deliver to the Employer comprehensive
particulars of the grievance(s). The particulars shall include a full explanation
and basis for the remedies sought, and all supporting documents on which
OPSEU intends to rely
September 13, 2024 – the Employer shall deliver to OPSEU particulars of the
alleged overpayment to the grievor including detailed calculations of the amount
owed and all supporting documents. The Employer shall make any prehearing
production request to OPSEU and provide notice of any preliminary/procedural
motion(s).
November 22, 2024 – OPSEU shall produce all relevant documents in response
to the Employer’s prehearing production request as soon as the documents are
available, and no later than November 22, 2024.
Agreed Statement of Fact
[2] The parties believe that a significant portion of the material facts in this matter will
not be in dispute and have agreed to attempt to provide an Agreed Statement of
Fact (“ASOF”).
November 22, 2024 – OPSEU will provide the Employer with an initial ASOF draft;
November 29, 2024 – the Employer will respond to the ASOF;
December 6, 2024 – the parties will finalize the ASOF and supporting documents;
December 9, 2024 – first day of mediation/arbitration.
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[3] All dates contained in this case management decision are subject to change on
agreement of the parties or direction of the arbitrator.
Dated at Toronto, Ontario this 6th day of August 2024.
“Kelly Waddingham
Kelly Waddingham, Arbitrator