HomeMy WebLinkAbout2019-0797.Sears.21-12-21 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# 2019-0797; 2019-2916
UNION# 2019-0526-0012; 2020-0526-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sears) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
December 16, 2021
- 2 -
Decision
[1] The Union alleges the Employer is in breach of a Memorandum of Settlement
concluded between the parties on December 18, 2020 (the “Settlement”). The
parties have agreed that the issue be addressed in accordance with the regular
grievance procedure set out in Article 22.16.1. Article 22.16.1 provides for the
resolution of grievances in an expeditious and informal manner. Decisions are
without precedent. The parties requested the decision provide a succinct statement
of the facts but no reasons for the disposition of the grievance.
[2] The Grievor filed three grievances dated April 23, 2019, January 7 and September
24, 2020 all of which were submitted to arbitration. Initial attempts to resolve the
grievances were unsuccessful. On December 2, 2020, the Grievor’s manager (the
“manager”) held a fact finding meeting with the Grievor in relation to another matter.
On December 18, 2020 the parties concluded the Settlement at issue before me.
The Settlement contains a confidentiality provision. For the purposes of this decision
it suffices to note that the Settlement contains the following recital:
WHEREAS the Parties wish to resolve all outstanding disputes to date between the
Parties with respect to [the Grievor’s] employment, without precedent and without
prejudice; …
[3] On January 29, 2021, the manager met with Grievor with respect to the matter which
was the subject of the December 2, 2020 fact finding meeting. The manager used
the meeting to advise the Grievor of the Employer’s expectations with respect to that
matter. Nothing further happened with respect to that matter. In particular, the
Grievor was not disciplined.
[4] The Union takes the position that the January 29, 2021 meeting constituted a breach
of the Settlement in that the subject matter of the December 2, 2020 fact finding
meeting was an “outstanding dispute” resolved by the Settlement.
[5] Having considered the representations of the parties, I find no breach of the
Settlement.
Dated at Toronto, Ontario this 21st day of December, 2021.
“Ian Anderson”
________________________
Ian Anderson, Arbitrator