HomeMy WebLinkAbout2017-0471.Vangou.19-03-01 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# 2017-0471
UNION# 2015-0534-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Vangou) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE
Janice Johnston
Arbitrator
FOR THE UNION
Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
TELECONFERENCE February 26, 2019
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DECISION
[1] On January 29, 2019 I issued an Interim award in this matter dealing with a
number of procedural issues.
[2] In that award I stated:
The employer has requested that I direct the grievor to provide a fully
particularized will say statement detailing any matters that deal with allegations of
conduct of the employer post March, 2015, that do not relate to the LTIP
process. The use of will say statements has become increasingly more common
in cases such as this one before me. I therefore direct the union to prepare a will
say statement that shall constitute the evidence in chief of the grievor. This
statement is to be fully particularized and include answers to “who, what, when
and where” in terms of allegations of misconduct on the part of the employer. It is
to be provided to counsel for the Ministry on or before February 15, 2019, which
is three weeks prior to the next date of hearing scheduled in this case.
[3] Due to circumstances beyond her control counsel for the union was unable to
meet the deadline of February 15, 2019 and requested an adjournment of the March 7
hearing.
[4] A conference call to deal with the request for an adjournment was held on
February 26, 2019. The employer agreed to the adjournment on the following terms:
i) the union will provide a will say statement in compliance with the original order on or
before Friday, June 7, 2019;
ii) Should the union fail to meet this deadline the employer reserved it’s right to bring a
motion requesting that the Board dismiss the grievance;
iii) Any motion to dismiss the grievance will be dealt with in an expeditious
fashion.
[5] Accordingly I hereby direct counsel for the union to provide counsel for the
employer with a will say statement on behalf of the grievor detailing any matters that
deal with allegations of conduct of the employer post March, 2015, that do not relate to
the LTIP process. This statement shall constitute the evidence in chief of the grievor. It
is to be fully particularized and include answers to “who, what, when and where” in
terms of allegations of misconduct on the part of the employer. The grievor shall not be
permitted to add to this statement without the consent of the employer once it has been
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provided to the employer. The union will provide the will say statement in compliance
with the above on or before Friday, June 7, 2019.
[6] Should the union fail to meet this deadline, the employer shall be entitled to bring
a motion requesting that the Board dismiss the grievance. Given that we have already
lost one hearing day, any reason advanced by the union for failing to meet this second
deadline must be compelling or the grievance will be dismissed.
[7] Any motion to dismiss the grievance will be dealt with in an expeditious fashion,
including by way of conference call.
Dated at Toronto, Ontario this 1st day of March, 2019.
“Janice Johnston”
______________________
Janice Johnston, Arbitrator