HomeMy WebLinkAbout2021-2716.Moore et al.2022-12-20 Decision
GSB# 2021-2716
UNION# 2021-0430-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Moore et al) Union
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The Crown in Right of Ontario
(Ministry of Public and Business Service Delivery) Employer
BEFORE Adam Beatty Arbitrator
FOR THE UNION James Craig
Morrison Watts
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING December 19, 2022
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
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Decision
DECISION ON A PROCEDURAL MATTER
[1] This matter has had a complicated procedural history. Without getting bogged down
in the details, suffice to say there are a number of preliminary issues that need to
be worked out before a hearing on the merits can begin. The Board has held three
teleconferences and two hearing dates (including the hearing date leading to this
decision) in order to try address some of those issues. The parties have engaged
in good faith efforts to resolve the outstanding preliminary issues, or at a minimum,
to set up a procedure for the resolution of those issues.
[2] As part of the parties' ongoing efforts, they have requested that the Board make
certain orders. I am satisfied that the orders requested will assist the parties in
resolving some of the preliminary issues and ensuring that the hearing on the merits
proceeds in an effective and efficient manner. Accordingly, the following Order is
made:
ORDER
1. The Parties have agreed to consolidate the following grievances (the “Consolidated
Grievances”) before Arbitrator Beatty.
a. 2020-0429-0002 – currently before Arbitrator Gee.
b. 2021-0430-0005 – currently before Arbitrator McKendy.
c. 2021-0430-0012 – currently before Arbitrator Beatty.
2. On or before March 31, 2023, the Union is to provide a fulsome, detailed, complete
set of particulars relating to the Consolidated Grievances. Along with the particulars,
the Union will provide all arguably relevant documents related to the particulars.
3. The Parties agree the following grievances may raise similar issues to the ones
identified in the Consolidated Grievances, but they have not yet been referred to the
Grievance Settlement Board (the “Unreferred Grievances”).
a. Moore grievance dated Sept 21, 2021 – unnumbered, not yet referred
b. Moore grievance dated Sept 21, 2021 – unnumbered, not yet referred
c. Moore grievance dated Mar 31, 2022 – unnumbered, not yet referred
d. Moore grievance dated May 24, 2022 – unnumbered, not yet referred
e. Moore grievance dated June 8, 2022 – unnumbered, not yet referred
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f. Milligan grievance dated January 26, 2022 – unnumbered, not yet referred
4. The Employer has raised concerns with respect to the potential for overlap (i.e.,
issues, evidence, witnesses) between the Consolidated Grievances and the
Unreferred Grievances, which could result in inefficiencies and inconsistent findings
of fact if heard by multiple arbitrators.
5. The Union is encouraged to be as detailed as possible with respect to the
Consolidated Grievances to enable the parties to determine whether there is any
overlap.
6. In the event any or all of the Unreferred Grievances are referred to the Board, the
Parties agree that Arbitrator Beatty will hear the newly-referred grievances.
7. The Parties reserve all rights to make any arguments with respect to the scope and
content of the newly-referred grievances, including without limitation any preliminary
issues such as timeliness, jurisdiction, and consolidation.
8. The Parties agree that a conference call will be scheduled on April 20, 2023 to
discuss the status of the Unreferred Grievances and any other issues that may have
arisen.
9. The Parties agree that a hearing day will be held on June 2, 2023 to deal with any
preliminary issues, including the scope and content of the Union’s particulars and
any outstanding production issues.
10. The Parties agree that a hearing date will be scheduled on August 15, 2023.
Dated at Toronto, Ontario this 20th day of December, 2022.
“Adam Beatty”
_______________________
Adam Beatty, Arbitrator