HomeMy WebLinkAbout2012-3928.Sparkes.18-06-12 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# 2012-3928; 2012-3929; 2013-3452; 2013-3453; 2013-3454; 2014-0970; 2014-0971; 2014-
0972; 2014-1722; 2014-1723; 2014-1724; 2014-1725; 2014-1726; 2014-1727; 2014-1728; 2014-
1729; 2014-1730
UNION# 2012-0517-0117; 2012-0517-0118; 2013-0517-0026; 2013-0517-0027; 2013-0517-0028;
2014-0234-0116; 2014-0234-0117; 2014-0234-0118; 2014-0234-0279; 2014-0234-0280; 2014-0234-
0281; 2014-0234-0282; 2014-0234-0283; 2014-0234-0284; 2014-0234-0285; 2014-0234-0286; 2014-
0234-0287
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sparkes) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Gail Misra Arbitrator
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 31, 2018
- 2 -
Interim Decision
[1] Seventeen grievances filed by the Union on behalf of Constance Sparkes have
been referred to the Board for arbitration. As such, prior to a hearing
commencing the Employer has requested full particulars and the documents that
the Union will be relying upon in these grievances. In the interest of an orderly
litigation process, the parties therefore agreed on a timetable for the exchange of
information.
[2] In accordance with the parties’ agreement, I hereby direct the following:
- By August 31, 2018 the Union will provide to the Employer full particulars
regarding the grievances, and all relevant documents within the care and
control of the Grievor.
- The Union and Grievor will also make their best efforts to obtain relevant
documents that may be in the hands of third parties, and will provide them
to the Employer by August 31, 2018.
- At that juncture, the Union will also advise the Employer if it is seeking any
particulars and/or documents from the Employer.
- In the event that the Union seeks particulars and/or documents, the
Employer will make its best efforts to provide such to the Union by
November 30, 2018.
[3] The Employer requested a direction that should the Union fail to meet the August
31, 2018 deadline, that all grievances be dismissed. The Employer also
reserved its right to raise any preliminary issues.
[4] Given the stage of the proceedings, I am of the view that at this time it is
unnecessary to make a direction regarding the consequences of the Union and
Grievor failing to provide particulars and documents. However, should the
particulars and documents not be provided in a timely manner, it may be
necessary to consider this matter further, and failure to substantively comply,
may lead to dismissal of the grievances.
[5] I remain seized.
Dated at Toronto, Ontario this 12th day of June 2018.
“Gail Misra”
Gail Misra, Arbitrator