Arbitrator defers ULP pending arbitrations

Hi everyone,

I’m writing to provide an update on the Unfair Labour Practice (ULP) applications. As you may be aware, there was a hearing at the OLRB (by Zoom) on November 13, 2021 before Vice-Chair Maureen Doyle.

At that hearing, the Employer argued that every issue contained within our ULP where OPSSU had also filed a grievance be deferred until the conclusion of all of the grievance arbitration proceeding, including one such grievance that has a first hearing date in 2023; OPSSU argued against such deferral. I should point out that both OPSEU and OPSSU agreed that the deferral request by OPSEU did not include issues from the ULP that had not been grieved.

Please see attached Vice-Chair Doyle’s award; she decided to defer all three ULPs until the conclusion of all arbitrations. Either Party may return to the OLRB within 18 months.

We are very disappointed with her decision because at arbitration hearings, we will not be able to “connect the dots” between each unfair labour practice that OPSSU and its members have had to endure for the last two-and-a-half years.

We have had a discussion with our lawyer as how to proceed and will discuss our options with the grievance committee at our next meeting (January 27). We will likely ask for reconsideration on the entire decision, but – at the very least – reconsideration of the decision with respect to the several complaints that were not grieved.

OPSSU is committed to ensuring we have an open and shared conclusion to the events that have taken place over the last two-and-a-half years.

As always, OPSSU remains open to settlement discussions in the hopes that the Parties can resolve these issues and move forward with improving our labour relations. I personally hope this discussion will take place with Smokey given that these unfair labour practices took place under his watch; however, if Smokey is not interested in engaging in such discussions, then I hope we can have meaningful discussions with the new OPSEU President in April.

Take care and we will continue to update you through this process.

Lois Boggs
President OPSSU