HomeMy WebLinkAbout2021-2048.Thompson et al.22-07-04 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# 2021-2048
UNION# 2021-0310-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Thompson et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and Skills Development) Employer
BEFORE
Annie McKendy
Arbitrator
FOR THE UNION
Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING June 21, 2022
-2-
DECISION
[1] This is an order that the Union provide particulars to the employer of any
allegations of harassment that the Union intends to raise at arbitration. The parties
consented that particulars be ordered, but a dispute arose relating to the timing of
the provision of particulars.
[2] In the course of the first day of mediation-arbitration held on June 21, 2022, the
Employer requested additional particulars from the Union with respect to
allegations of harassment made by the grievors against their manager. The Union
did not take issue with the substance of Employer’s request, but asked that they
have until September 30, 2022, to provide the particulars pursuant to a consent
order.
[3] The Employer did not consent to the proposed date, but rather took the position
that they should be provided no later than August 14, 2022. Though the next
hearing date is not scheduled until February 3, 2023, the Employer submitted that
the manager against whom the allegations were being made was scheduled to
return to the workplace in the coming months, and that the particulars were
needed in order to fully understand the allegations before returning the manager to
his position.
[4] Counsel for the Union explained that he has three weeks of scheduled vacation
beginning on August 15, 2022, and that he required additional time beyond the
Employer’s requested date to provide particulars.
[5] After hearing from both parties, I orally issued an order that particulars of the
harassment allegations which the Union intends to raise at arbitration are to be
provided to the Employer no later than September 16, 2022. This date will
accommodate counsel’s request for additional time, while also providing the
employer with the necessary information as early as practicable. I hereby confirm
the order that the Union will provide the above-noted particulars to the Employer
no later than September 16, 2022.
Dated at Toronto, Ontario this 30th day of June, 2022.
“Annie McKendy”
______________________
Annie McKendy, Arbitrator