Ontario Labour Relations Board Issues Decision in OLRB Case No: 2423-21-R

Strategic Insights -

The Ontario Labour Relations Board has made a decision in the case of the Ontario Public Service Employees Union, Applicant v The Crown in Right of Ontario, Responding Party v Association of Management, Administrative and Professional Crown Employees of Ontario ("AMAPCEO"), Intervenor. The case has been ongoing since March 22, 2024, with the Responding Party expected to present a settlement proposal to the Applicant. However, due to delays and internal steps, the proposal has not been forthcoming, and the parties have expressed commitment to trying to work out a resolution.

Key Takeaways:

  • The Responding Party is expected to present a without prejudice comprehensive framework for settlement proposal to the Applicant, despite initial delays and internal steps.
  • The Applicant expressed concern about the long delay in waiting for the Responding Party's proposal, questioning whether a settlement will be reached.
  • Both parties are committed to trying to work out a resolution and have agreed to participate in mediation on October 18, 2024.
  • The parties have agreed to amend their Procedural Proposal of the Parties, setting new deadlines for the submission of expert reports, out-of-board cross-examinations, and facta.
  • The hearing dates for argument on the constitutional question will take place on December 1-3, 2025.

Statistics:

  • The case has been ongoing since March 22, 2024.
  • The Responding Party initially expected to obtain necessary approvals within a couple of weeks (as of September 3, 2024).
  • The Applicant has not received the proposal as of September 18, 2024.
  • The parties agreed to amend their Procedural Proposal of the Parties, setting new deadlines for:

+ OPSEU to provide their expert report by April 30, 2025.

+ The Crown to produce its expert report by July 18, 2025.

+ Out-of-board cross-examinations on August 5-7, 2025.

+ Transcripts to be provided to the Board by September 19, 2025.

+ OPSEU and AMAPCEO to each file their factum by October 17, 2025.

+ The Crown to file its factum by November 18, 2025.

+ Hearing dates for argument on the constitutional question on December 1-3, 2025.

Sources:

  • OLRB Case No: 2423-21-R Ontario Public Service Employees Union, Applicant v The Crown in Right of Ontario (as represented by the Office of the Chief Coroner), Responding Party v Association of Management, Administrative and Professional Crown Employees of Ontario ("AMAPCEO"), Intervenor.