HomeMy WebLinkAbout2016-0473 Di Matteo 17-09-11 Decision
Crown 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#2016-0473, 2016-1897, 2016-2205, 2017-0263, 2017-0264
UNION# 2016-0504-0007; 2016-0504-0008;
2016-0504-0010; 2017-0504-0001; 2017-0504-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Di Matteo) Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE Felicity D. Briggs Arbitrator
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Henry Huang
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING and
TELECONFERENCE
July 26, 2017 and September 6, 2017
- 2 -
Decision
[1] Lilianna Di Matteo filed five grievances including an allegation of unjust
termination of employment. After a number of unsuccessful attempts at mediation
the hearing into this matter began with an Employer request for particulars. The
grievor resisted this request and asserted that the Employer should provide
particulars in these circumstances first.
[2] Both parties made short submissions regarding particulars and the Board order
that both sides are to exchange particulars on the same day to be determined. In
this regard a conference call was held in early September.
[3] During that teleconference the matter of dates for particulars were discussed
after both parties made clear to the Board that there is much desire that this
litigation begin as soon as possible. Hearing dates are set for April of 2018 but
the parties were assured that in the event other dates become available due to
the cancellation of other matters these dates will be offered and perhaps we can
begin at an earlier time.
[4] Mr. Huang and Mr. Hannigan were told that particulars are to be exchanged at
the end of business on Friday October 13, 2017. A copy of the particulars will be
sent to the Board.
[5] Each party has an opportunity to respond to the particulars of the other side and
these documents shall be exchanged at the end of business Friday November
17, 2017. Again, a copy will be provided to the Board.
[6] The parties are to provide will-say statements from their primary witness. These
will be exchanged – and provided to the Board – at the end of business
December 1, 2017. It is understood that some time will be allowed for
examination in chief but it is expected that the vast majority of their evidence will
be provided by way of the will-say statements. Each witness will be subject to
cross-examination and re-examination as in the normal course of events.
[7] Both parties have until the end of business Friday December 8, 2017 to notify the
other side and the Board in the event that there are preliminary matters that need
to be considered. It is hoped that if there are such issues they will be dealt with
via teleconference to allow litigation to begin our next hearing date.
[8] I remain seized.
Dated at Toronto, Ontario this 11th day of September 2017.
Felicity D. Briggs, Arbitrator