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HomeMy WebLinkAbout2019-1890.Eckert.20-12-15 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# 2019-1890 UNION# 2019-0584-0004 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) Union - and - The Crown in Right of Ontario (Ontario Clean Water Agency) Employer BEFORE Nimal Dissanayake Arbitrator FOR THE UNION Anjana Kashyap Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Maria-Kristina Ascenzi Treasury Board Secretariat Legal Services Branch Counsel HEARING December 14, 2020 - 2 - Decision [1] On August 12, 2020, the instant grievance, wherein the grievor alleges that the employer failed to schedule him for certain overtime hours that became available on July 7, 2019, came before the Board pursuant to article 22.16 of the collective agreement. It was advised that there were several areas of factual dispute which had not been particularized. With my assistance, the parties agreed upon a timetable for exchange of particulars starting with the providing particulars by mid- October 2020, to enable the mediation-arbitration to proceed on January 28, 2021. [2] When the Board convened on December 14, 2020, at the employer’s request, it was advised that to date the union had not provided particulars. [3] Having considered the respective positions of the parties the Board orders as follows: The Union shall provide the employer with full written particulars of the material facts on which it relies no later than Monday January 11, 2021. With respect to each act or omission alleged therein, the particulars shall state what was done or not done, when, where, by what means and by whom. The allegations of fact set out in the union’s particulars should be sufficiently comprehensive that it would be unnecessary for it to call evidence, if the employer were to admit that all of those allegations of fact were true. If the need arises, the deadline for providing particulars set out herein may be changed by agreement of the parties or further order of the Board. [4] If the union fails to provide particulars of an allegation in compliance with this order, it may not introduce evidence about that allegation in this proceeding without leave. If particulars are not provided, or if particulars provided do not establish a prima facie violation the grievance may be dismissed summarily. - 3 - [5] The Board remains seized. The hearing will proceed on January 28, 2021 as scheduled. Dated at Toronto, Ontario this 15th day of December, 2020. “Nimal Dissanayake” ________________________ Nimal Dissanayake, Arbitrator