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HomeMy WebLinkAbout2022-12218.Wiederhold.23-07-18 DecisionCrown 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# 2022-12218 UNION# 2023-0310-0007 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Wiederhold) Union - and - The Crown in Right of Ontario (Ministry of Labour, Immigration, Training and Skills Development) Employer BEFORE Nimal Dissanayake Arbitrator FOR THE UNION Adam Veenendaal Morrison Watts Counsel FOR THE EMPLOYER Felix Lau Treasury Board Secretariat Legal Services Branch Counsel HEARING July 13, 2023 -2 - Decision [1] On July 6, 2023, the Board issued a production order with respect to this matter. At the hearing on July 13, 2023, following unsuccessful mediation, the parties agreed on timelines for production pursuant to the Board’s order dated July 6, 2023, and requested that they be issued as a Board order. [2] In accordance with that agreement, it is ordered as follows: (a) The employer shall comply with its obligations under the Board’s production order, and also respond to the union’s request, if any, for additional production, no later than September 30, 2023. (b) If the union requires further production it shall make the request to the employer no later than October 31, 2023. (c) If there are any disputes with respect to production, the parties will confer and attempt to resolve them. If any dispute(s) remain unresolved, the parties may request the Board to schedule a conference call via video with the arbitrator to be held no later than November 30, 2023, for purposes of determining them. (d) No later than March 29, 2024, the parties shall file a chart of “incidents”, as described by the arbitrator. This chart will consist of four columns for each incident : (i) Date (ii) The employer’s allegation (iii) The grievor’s response and (iv) The amount of time/money in issue in the incident. (e) On agreement, the parties may vary any of the timelines set out herein. (f) At the commencement of the hearing on May 8, 2024, the parties will confirm any agreements of fact reached, following their review of the chart of incidents described about at para. 2(d). -3 - [3] If needed, additional hearing dates may be scheduled in consultation with the Board. [4] The Board remains seized. Dated at Toronto, Ontario this 18th day of July, 2023. “Nimal Dissanayake” Nimal Dissanayake, Arbitrator