Loading...
HomeMy WebLinkAbout2017-3409.Schnoflak.19-05-27 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#2017-3409 UNION# 2017-0368-0552 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Schnoflak) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Ken Petryshen Arbitrator FOR THE UNION Jane Letton Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Shiran Brener Treasury Board Secretariat Legal Services Branch Counsel HEARING May 24, 2019 - 2 - Decision [1] I have before me a grievance dated December 26, 2017, filed on behalf of Correctional Officer (“CO”) M. Schnoflak. CO Schnoflak is employed at the Central East Correctional Centre at Lindsay. The grievance claims that the Employer contravened article 3 and 9 of the Collective Agreement, the Ontario Human Rights Code, the Occupational Health and Safety Act and certain Employer policies. [2] At the hearing on May 24, 2019, an issue relating to the adequacy of the Union’s particulars was addressed. Employer counsel took the position that the matters raised in paragraphs 18, 19, 20, 21, 22, 23 and 25 were not sufficiently particularized. Union counsel did not challenge the Employer’s position, but noted that CO Schnoflak was reluctant to disclose further information about these matters out of a concern that there could be consequences for him in the workplace if he did so. [3] I agree with the Employer’s position that the paragraphs in the Union’s particulars noted above are not sufficiently particularized. To address this matter I direct CO Schnoflak to provide Union counsel with the information, including where necessary the names of those that participated in the matters described in the noted paragraphs, so that the Union is in a position to provide adequate particulars. The failure by the Union to further particularize the noted paragraphs may lead to an Employer motion to strike the deficient paragraphs. The further particulars are to be provided to Employer counsel by no later than July 15, 2019. The hearing of this matter shall proceed on the dates scheduled. Dated at Toronto, Ontario this 27th day of May, 2019. “Ken Petryshen” Ken Petryshen, Arbitrator