HomeMy WebLinkAboutP-2015-2409.Boucher.16-01-25 DecisionPublic Service
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Commission des
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Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
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PSGB#P-2015-2409
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE ACT OF ONTARIO
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Guy Boucher Complainant
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Marilyn A. Nairn Vice-Chair
FOR THE
COMPLAINANT
Guy Boucher
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Counsel
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DECISION
[1] The parties have agreed to schedule this matter for April 4, 2016. Typically, the
Board would set the matter down for mediation prior to it proceeding to arbitration.
However, the employer has advised the Board and the complainant that it has no
position to mediate and asks that the matter be scheduled for arbitration. It is an
inefficient use of the Board’s and the parties’ resources to schedule a matter for
mediation when one of the parties has indicated that it intends not to participate in that
process. Therefore I direct that the matter be set down for arbitration on April 4, 2016.
[2] In his notice of proposal to file a complaint, which was attached to his application,
the complainant, Guy Boucher, provided certain particulars of his complaint. He also
provided certain documentary material to the Board. It is not apparent to me whether or
not the complainant has provided that documentary material to the employer as well
and/or whether there is any additional documentary material upon which the
complainant will seek to rely at the hearing.
[3] In order that both parties are prepared to proceed on April 4, 2016 I hereby make
the following interim orders:
[4] I hereby direct the complainant as follows:
a) The complainant is to provide in writing to the employer and to the
Board any remaining particulars of the events complained of.
Particulars reflect the “who, what, when, and where” of the allegations
being asserted against the employer. Particulars do not include the
actual evidence that may be tendered at a hearing in support of the
allegations. Having reviewed the complainant’s notice of proposal to file
a complaint, there may be limited, if any, further particulars to be
provided. However, the complainant is advised that the purpose of
providing particulars is to avoid a party being taken by surprise at the
hearing by factual matters not previously asserted.
b) In addition, the complainant is to provide to the employer copies of any
and all documentary material upon which he intends to rely at the
hearing of his application.
[5] The particulars and production directed in paragraph 4 above are to be provided
by the complainant, Mr. Boucher, to the employer by no later than Monday,
February 22, 2016. A copy of any further particulars is to be forwarded to the Board at
the same time.
[6] I hereby direct the employer as follows:
a) The employer is to provide to the complainant a copy of any and all
documentary material upon which it intends to rely at the hearing. Any
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such documentary material is to be provided to the complainant by the
employer by no later than Tuesday, March 15, 2016.
b) The employer is further directed to deliver its response to the application
in Form 2 with full particulars as required by Part C of that document.
The Form 2 is to be delivered to the Board by no later than Tuesday,
March 15, 2016.
[7] Should any other issues of a pre-hearing nature arise, the parties are directed to
contact the Registrar of the Board and so advise. I hereby direct the Registrar to issue
a Notice of Proceeding advising the parties that this matter has been set down for
arbitration on Monday, April 4, 2016.
Dated at Toronto, Ontario this 25th day of January 2016.
Marilyn A. Nairn, Vice Chair