HomeMy WebLinkAbout2019-1890.Eckert.20-12-15 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# 2019-1890
UNION# 2019-0584-0004
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) Union
- and -
The Crown in Right of Ontario
(Ontario Clean Water Agency) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Maria-Kristina Ascenzi
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING December 14, 2020
- 2 -
Decision
[1] On August 12, 2020, the instant grievance, wherein the grievor alleges that the
employer failed to schedule him for certain overtime hours that became available
on July 7, 2019, came before the Board pursuant to article 22.16 of the collective
agreement. It was advised that there were several areas of factual dispute which
had not been particularized. With my assistance, the parties agreed upon a
timetable for exchange of particulars starting with the providing particulars by mid-
October 2020, to enable the mediation-arbitration to proceed on January 28,
2021.
[2] When the Board convened on December 14, 2020, at the employer’s request, it
was advised that to date the union had not provided particulars.
[3] Having considered the respective positions of the parties the Board orders as
follows:
The Union shall provide the employer with full written particulars of the
material facts on which it relies no later than Monday January 11, 2021.
With respect to each act or omission alleged therein, the particulars shall
state what was done or not done, when, where, by what means and by
whom. The allegations of fact set out in the union’s particulars should be
sufficiently comprehensive that it would be unnecessary for it to call
evidence, if the employer were to admit that all of those allegations of fact
were true. If the need arises, the deadline for providing particulars set
out herein may be changed by agreement of the parties or further order
of the Board.
[4] If the union fails to provide particulars of an allegation in compliance with this
order, it may not introduce evidence about that allegation in this proceeding
without leave. If particulars are not provided, or if particulars provided do not
establish a prima facie violation the grievance may be dismissed summarily.
- 3 -
[5] The Board remains seized. The hearing will proceed on January 28, 2021 as
scheduled.
Dated at Toronto, Ontario this 15th day of December, 2020.
“Nimal Dissanayake”
________________________
Nimal Dissanayake, Arbitrator