HomeMy WebLinkAbout2019-1746.Eckert et al.20-12-02 DecisionCrown 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# 2019-1746
UNION# 2019-0584-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Eckert et al) Union
- and -
The Crown in Right of Ontario
(Ontario Clean Water Agency) Employer
BEFORE
Tatiana Wacyk
Arbitrator
FOR THE UNION
Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Jordanna Lewis
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING December 2, 2020
-2-
DECISION
[1] The Employer requests an order requiring the Union to set out written particulars
of the allegations being advanced in these Grievances. Specifically, the
Employer seeks the “Who, What, When and Where” of each allegation being
advanced.
[2] Further to the submissions of Counsel, the Union is directed to set out written
particulars for each of the Grievors’ allegations, as follows:
- what is alleged to have been done or not done;
- when; where; by what means and by whom; and
- identifying by name any individual whose actions are being attributed to an
organization.
[3] For greater clarity, as stated by Vice-Chair Gray at paragraph 5 of his decision in
OPSEU (Morgan) and the Ministry of the Attorney General, (December 3, 2010):
[5] …. Conclusory statements based on unparticularized allegations of fact
are not sufficient and do not constitute particulars for purposes of this order.
For example, it is not sufficient or appropriate for particulars to allege that
“A harassed B” without also describing with particularity the acts or
omissions of “B” relied on and any circumstances or characteristics of “A”
that are pertinent to the allegation that those acts or omissions of “B” amount
to “harassment” of “A” in the circumstances.
[4] The Union is directed to provide the above particulars by no later than January 7,
2021.
[5] The Employer has undertaken to provided disclosure of all arguably relevant
materials to the Union by no later than January 21, 2021.
[6] The hearing date of January 5, 2021 is adjourned on consent of the parties.
[7] A new hearing date will be set with the assistance of the Registrar.
Dated at Toronto, Ontario this 2nd day of December, 2020.
“Tatiana Wacyk”
______________________
Tatiana Wacyk, Arbitrator