HomeMy WebLinkAbout2004-0018.O'Halloran.06-10-03 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2004-0018
UNION# 2004-0545-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(O'Halloran)
Union
- and -
The Crown in Right of Ontario
(Ministry of Government Services)
Employer
BEFORE Vice-Chair
Nimal V. Dissanayake
FOR THE UNION Kathleen Lawrence
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Janice Campbell
Counsel
Ministry of the Attorney General
HEARING October 2, 2006.
2
Decision
At the commencement of the hearing, the Bo ard was notified that the instant grievance
filed by Ms. Maureen O?Halloran had been settled by the execution of minutes of settlement in
December 2004. The union has referred the matter back for arbitration before the Board.
Employer counsel advised that the employer was not aware of what disput e or claim the union
intended to put before the Board, because the union had not complied with the employer?s
requests for particulars. In the circumstances, th e employer advised that it is not in a position to
proceed until appropriate particulars are rece ived. The union did not dispute the employer?s
right to have particulars in advance of the commencement of the arbitration hearing.
In the circumstances, the Board orders as follows:
The union shall provide particulars in writing to the union setting out:
(1) What allegation or claim is being advanced by the union in its present referral to
arbitration.
(2) Specifically, whether the union is claiming that the employer had failed to comply
with the minutes of settleme nt executed in December of 2004.
(3) If the union is claiming such non-complian ce, a statement of particulars as to how,
when and by whom such non-compliance occurred.
3
The particulars ordered above shall be s ubmitted to the employer counsel on or before
December 1, 2006.
The hearing in this matter shall continue on the mutually agreed to date of February 5,
2007.
rd
Dated this 3 day of October 2006 at Toronto, Ontario.
Nimal Dissanayake
Vice-Chairperson