HomeMy WebLinkAbout2021-0399.Michael.22-01-27 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-0399; 2021-1012; 2021-1519; 2021-1706
UNION# 2021-0542-0007; 2021-0542-0008; 2021-0542-00102021-0542-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Michael) Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation) Employer
BEFORE
Tatiana Wacyk
Arbitrator
FOR THE UNION
Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sean White
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 26, 2022 (by video conference)
-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 Grievor’s 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 for Grievance #2021-0399
by no later than February 11, 2022.
[5] The Union is directed to provide the above particulars for the remaining
Grievances by no later than July 15, 2022.
Dated at Toronto, Ontario this 27th day of January 2022.
“Tatiana Wacyk”
_____________________
Tatiana Wacyk, Arbitrator