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HomeMy WebLinkAbout2021-2048.Thompson et al.22-07-04 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB# 2021-2048 UNION# 2021-0310-0010 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Thompson et al) Union - and - The Crown in Right of Ontario (Ministry of Labour, Immigration, Training and Skills Development) Employer BEFORE Annie McKendy Arbitrator FOR THE UNION Seung Chi Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel HEARING June 21, 2022 -2- DECISION [1] This is an order that the Union provide particulars to the employer of any allegations of harassment that the Union intends to raise at arbitration. The parties consented that particulars be ordered, but a dispute arose relating to the timing of the provision of particulars. [2] In the course of the first day of mediation-arbitration held on June 21, 2022, the Employer requested additional particulars from the Union with respect to allegations of harassment made by the grievors against their manager. The Union did not take issue with the substance of Employer’s request, but asked that they have until September 30, 2022, to provide the particulars pursuant to a consent order. [3] The Employer did not consent to the proposed date, but rather took the position that they should be provided no later than August 14, 2022. Though the next hearing date is not scheduled until February 3, 2023, the Employer submitted that the manager against whom the allegations were being made was scheduled to return to the workplace in the coming months, and that the particulars were needed in order to fully understand the allegations before returning the manager to his position. [4] Counsel for the Union explained that he has three weeks of scheduled vacation beginning on August 15, 2022, and that he required additional time beyond the Employer’s requested date to provide particulars. [5] After hearing from both parties, I orally issued an order that particulars of the harassment allegations which the Union intends to raise at arbitration are to be provided to the Employer no later than September 16, 2022. This date will accommodate counsel’s request for additional time, while also providing the employer with the necessary information as early as practicable. I hereby confirm the order that the Union will provide the above-noted particulars to the Employer no later than September 16, 2022. Dated at Toronto, Ontario this 30th day of June, 2022. “Annie McKendy” ______________________ Annie McKendy, Arbitrator