HomeMy WebLinkAbout2017-3409.Schnoflak.19-05-27 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2017-3409
UNION# 2017-0368-0552
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Schnoflak) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Shiran Brener
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 24, 2019
- 2 -
Decision
[1] I have before me a grievance dated December 26, 2017, filed on behalf of
Correctional Officer (“CO”) M. Schnoflak. CO Schnoflak is employed at the Central East
Correctional Centre at Lindsay. The grievance claims that the Employer contravened
article 3 and 9 of the Collective Agreement, the Ontario Human Rights Code, the
Occupational Health and Safety Act and certain Employer policies.
[2] At the hearing on May 24, 2019, an issue relating to the adequacy of the Union’s
particulars was addressed. Employer counsel took the position that the matters raised
in paragraphs 18, 19, 20, 21, 22, 23 and 25 were not sufficiently particularized. Union
counsel did not challenge the Employer’s position, but noted that CO Schnoflak was
reluctant to disclose further information about these matters out of a concern that there
could be consequences for him in the workplace if he did so.
[3] I agree with the Employer’s position that the paragraphs in the Union’s particulars
noted above are not sufficiently particularized. To address this matter I direct CO
Schnoflak to provide Union counsel with the information, including where necessary the
names of those that participated in the matters described in the noted paragraphs, so
that the Union is in a position to provide adequate particulars. The failure by the Union
to further particularize the noted paragraphs may lead to an Employer motion to strike
the deficient paragraphs. The further particulars are to be provided to Employer
counsel by no later than July 15, 2019. The hearing of this matter shall proceed on the
dates scheduled.
Dated at Toronto, Ontario this 27th day of May, 2019.
“Ken Petryshen”
Ken Petryshen, Arbitrator