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HomeMy WebLinkAbout2004-0018.O'Halloran.06-10-03 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2004-0018 UNION# 2004-0545-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (O'Halloran) Union - and - The Crown in Right of Ontario (Ministry of Government Services) Employer BEFORE Vice-Chair Nimal V. Dissanayake FOR THE UNION Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Janice Campbell Counsel Ministry of the Attorney General HEARING October 2, 2006. 2 Decision At the commencement of the hearing, the Bo ard was notified that the instant grievance filed by Ms. Maureen O?Halloran had been settled by the execution of minutes of settlement in December 2004. The union has referred the matter back for arbitration before the Board. Employer counsel advised that the employer was not aware of what disput e or claim the union intended to put before the Board, because the union had not complied with the employer?s requests for particulars. In the circumstances, th e employer advised that it is not in a position to proceed until appropriate particulars are rece ived. The union did not dispute the employer?s right to have particulars in advance of the commencement of the arbitration hearing. In the circumstances, the Board orders as follows: The union shall provide particulars in writing to the union setting out: (1) What allegation or claim is being advanced by the union in its present referral to arbitration. (2) Specifically, whether the union is claiming that the employer had failed to comply with the minutes of settleme nt executed in December of 2004. (3) If the union is claiming such non-complian ce, a statement of particulars as to how, when and by whom such non-compliance occurred. 3 The particulars ordered above shall be s ubmitted to the employer counsel on or before December 1, 2006. The hearing in this matter shall continue on the mutually agreed to date of February 5, 2007. rd Dated this 3 day of October 2006 at Toronto, Ontario. Nimal Dissanayake Vice-Chairperson