HomeMy WebLinkAbout2012-3946.Frost.14-11-18 DecisionCrown 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#2012-3946, 2013-2180, 2013-4097
UNION#2013-0719-0001, 2013-0719-0010, 2014-0719-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Frost) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Daniel Harris Vice-Chair
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL November 17, 2014
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Decision
[1] This matter involves three grievances that allege harassment of the grievor by coworkers and
management. The union delivered particulars to the employer. The employer takes the
position that the particulars are insufficient. It seeks an order that the union provide further
and better particulars.
[2] There are two paragraphs in the union's particulars that the employer says are too vague.
Those paragraphs read as follows:
Was pretty much doing the Supervisor's job/duties because there was no
Supervisor there full time for at least 6 months and they brought back a retired
employee to do the job without asking me. I have even put my career goals to be
the Records Supervisor on my PDP for at least 2 years previous to the hiring of
the retired employee and asked for training to obtain my career goal.
I have applied previously for the receptionist job (OAG 6) and did not get an
interview but I am presently an OAG 8. I have applied for a Managers Job and did
not get an interview. The employer has effectively made my career
advancement opportunities nil in the Ministry. I had the most seniority in the
Office when the Ministry hired back the retired employee whom which trained me
previously.
[3] Many decisions of the Board have dealt with the need to provide particulars and the form
particulars are to take. In Re Ross, 2690/96 (Herlich), the Board described the content of
particulars in the following terms:
. . . written particulars are to include not merely legal conclusions, but in addition,
the facts which the union and the grievor assert support any such conclusion and
demonstrate the discrimination or breach of the collective agreement alleged.
With respect to each act or omission alleged, the particulars shall indicate what
was done or not done, when, where, by what means and by whom and, to the
extent motivation may be a relevant fact, with what motivation.
[4] The paragraphs set out above lack the degree of granularity required of particulars in matters
before the Board. The union is hereby ordered to provide further and better particulars
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relating to the allegations set out in the two paragraphs above. The union is required to
comply with this order within 20 business days of the date of issue of this order. If the union
fails to amend the particulars as required herein, the two paragraphs set out above will stand
as the particulars in these matters.
Dated at Toronto, Ontario this 18th day of November 2014.
Daniel Harris, Vice-Chair