HomeMy WebLinkAbout2007-0631.Crowley.09-07-08 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#2007-0631
UNION#2007-0375-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Crowley)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREVice-Chair
Belinda A. Kirkwood
FOR THE UNION
Ernest A. Schirru
Koskie Minsky LLP
Barristers & Solicitors
FOR THE EMPLOYER
Jodi S. Gallagher
Heenan Blaikie LLP
Counsel
TELECONFERENCE
July 8, 2009.
2
Decision
[1]The Employer brought this motion to set a schedule to obtain particulars and to have this
matter proceed for hearing, or to bring a motion to dismiss the grievance.
[2]This is the Employer?s second application for particulars in this matter, as the Grievor has
not co-operated with the Union in providing the particulars of the claims, remedies and
particulars in support of such claims, and as such the Union had been unable to comply
with the previous Order.
[3]After hearing submissions from both Counsel, I hereby order the following:
1.The Union is to provide the Employer with the claims and remedies which it is
seeking on its behalf and on behalf of the Grievor, together with the particulars in
support thereof by September 18, 2009.
2.The Employer is to produce to the Union, its position and its particulars in support
thereof by October 18, 2009.
3.The hearing in this matter is to commence on November 18, 2009 in Barrie,
Ontario, for which the Grievance Settlement Board will issue a Notice of Hearing
in support.
4.In the event that the Grievor does not co-operate and does not attend the hearing,
this matter will proceed in her absence.
[4]In the event that the Grievor does not co-operate with the Union, and the Union is unable
to comply with this order, the Union will not be able to properly advance its claim, the
Union runs the risk that the Employer will be successfully able to proceed with its
motion to dismiss such claims.
th
Dated at Toronto this 8 day of July 2009.
Belinda A. Kirkwood, Vice-Chair