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HomeMy WebLinkAbout2019-1746.Eckert et al.20-12-02 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# 2019-1746 UNION# 2019-0584-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Eckert et al) Union - and - The Crown in Right of Ontario (Ontario Clean Water Agency) Employer BEFORE Tatiana Wacyk Arbitrator FOR THE UNION Anjana Kashyap Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Jordanna Lewis Treasury Board Secretariat Legal Services Branch Counsel HEARING December 2, 2020 -2- DECISION [1] The Employer requests an order requiring the Union to set out written particulars of the allegations being advanced in these Grievances. Specifically, the Employer seeks the “Who, What, When and Where” of each allegation being advanced. [2] Further to the submissions of Counsel, the Union is directed to set out written particulars for each of the Grievors’ allegations, as follows: - what is alleged to have been done or not done; - when; where; by what means and by whom; and - identifying by name any individual whose actions are being attributed to an organization. [3] For greater clarity, as stated by Vice-Chair Gray at paragraph 5 of his decision in OPSEU (Morgan) and the Ministry of the Attorney General, (December 3, 2010): [5] …. Conclusory statements based on unparticularized allegations of fact are not sufficient and do not constitute particulars for purposes of this order. For example, it is not sufficient or appropriate for particulars to allege that “A harassed B” without also describing with particularity the acts or omissions of “B” relied on and any circumstances or characteristics of “A” that are pertinent to the allegation that those acts or omissions of “B” amount to “harassment” of “A” in the circumstances. [4] The Union is directed to provide the above particulars by no later than January 7, 2021. [5] The Employer has undertaken to provided disclosure of all arguably relevant materials to the Union by no later than January 21, 2021. [6] The hearing date of January 5, 2021 is adjourned on consent of the parties. [7] A new hearing date will be set with the assistance of the Registrar. Dated at Toronto, Ontario this 2nd day of December, 2020. “Tatiana Wacyk” ______________________ Tatiana Wacyk, Arbitrator