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HomeMy WebLinkAbout2016-1301.Campbell et al.21-02-12 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2016-1301; 2016-1568 UNION# 2016-0108-0016; 2016-0999-0059 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Campbell et al) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Nimal Dissanayake Arbitrator FOR THE UNION Jane Letton Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel HEARING February 11, 2021 -2- DECISION [1] The Board is seized with a union grievance, a group grievance relating to the employer’s application of article 31A.2.3 of the collective agreement relating to salary progression of its fixed-term employees. [2] The employer had given notice that it would be making an estoppel argument. At the hearing, the union requested that the Board order that the employer provide timely particulars and disclosure with regard to its claim of estoppel. The employer did not oppose the request, and an order was made verbally. This is a written confirmation of that order. [3] The Board orders as follows: (a) The employer shall provide the union with full particulars in writing of all material facts it relies on to support its estoppel argument. (b) The Board further orders that the employer provide the union with copies of any documents, which means any record of information in whatever form, physical or electronic, in its possession or custody, which it intends to rely on to support its estoppel argument. (c) The orders in (a) and (b) above shall be complied with no later than Friday February 26, 2021, unless the parties agree to extend time. [4] This proceeding will continue on the dates scheduled. The Board remains seized. Dated at Toronto, Ontario this 12th day of February, 2021. “Nimal Dissanayake” ______________________ Nimal Dissanayake, Arbitrator