HomeMy WebLinkAbout2019-2015.Husain.24-02-02 Decision
Crown 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# 2019-2015; 2020-1047; 2020-1048; 2021-0190;
2021-0392; 2021-0754; 2021-0755; 2021-0914
UNION# 2019-5112-0224; 2020-5112-0140; 2020-5112-0141; 2021-0582-0079;
2021-0582-0091; 2021-0582-0098; 2021-0582-0099; 2021-5112-0127
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Husain) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Adam Veenendaal
Morrison Watts Hurtado & Buchner
Counsel
FOR THE EMPLOYER Andrew Lynes
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 31, 2024, by Conference Call
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Decision
[1] The Board is seized with eight grievances filed by Correctional Officer Ms.
Zareena Husain. All of which were consolidated by agreement.
[2] When the Board convened on November 14, 2022, and again on August 2, 2023,
the parties attempted to settle these grievances through mediation, but were
unsuccessful. At the end of the day on August 2nd the parties discussed about
the process for arbitration. The union undertook to provide its particulars with
respect to the grievances no later than January 19, 2024, in preparation for
arbitration.
[3] At the hearing convened by way of a conference call on January 31, 2024, the
Board was informed that the union had not provided any particulars as of that
date.
[4] Having received presentations from both counsel, the Board advised that in the
circumstances, it would be issuing an order to the union to provide particulars, to
enable arbitration to proceed on the dates, which are scheduled.
[5] That order is as follows:
The union shall provide the employer with full written particulars of the material
facts on which it relies no later than Friday March1, 2024. 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 by
further order of the Board.
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[6] If the union fails to provide particulars with respect to an allegation in compliance
with this order, it may not introduce evidence about that allegation in this
proceeding without leave. Moreover, although the Board will not lightly exercise
it, it has jurisdiction to dismiss a grievance for failure to comply with an interim
order. See, Re Kay (A.T.U. Local 1587) and Metrolinx, GSB 2019-1164
(Flaherty) and authorities cited therein.
Dated at Toronto, Ontario this 2nd day of February 2024.
“Nimal Dissanayake”
Nimal Dissanayake, Arbitrator