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HomeMy WebLinkAbout2020-2914.Mohamed.2022-07-28 Decision Crown 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#2020-2914 UNION#2021-0526-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Mohamed) Union - and - The Crown in Right of Ontario (Ministry of the Attorney General) Employer BEFORE Dale Hewat Arbitrator FOR THE UNION Adam Veenendaal Morrison Watts Counsel FOR THE EMPLOYER Regina Wong Legal Services Branch Treasury Board Secretariat Counsel HEARING July 21, 2022 - 2 - Decision [1] On April 4, 2022, the Parties attempted to mediate a settlement of this case but were not successful. Following that mediation date, I issued an Order on April 7, 2022, ordering that the Union provide revised particulars to the Employer no later than June 21, 2022, in advance of our next hearing date which was July 21, 2022. [2] Prior to July 21, 2022, I was advised by Union Counsel that the Order for revised particulars was not met because the file had been transferred to him without sufficient details and because he was having difficulty obtaining clear information from the Grievor. At the hearing on July 21, 2022, Employer Counsel advised that she had given the Union an extension to provide revised particulars but, notwithstanding that extension, the Union was not able to meet the new deadline. Counsel noted that the Employer is concerned about extending the timeframe for providing revised particulars which could extend its ongoing liability in this case. Counsel advised that if and when revised particulars are shared by the Union, the Employer will be asking for a limitation of on-going liability. Employer Counsel also took the position, that failing the provision of revised particulars, the Employer will be brining a motion to have this case dismissed. [3] The next scheduled hearing date is September 28, 2022. Having regard to the unique circumstances of the Union’s difficulty in gathering particulars in this case, and my concern about the Grievor’s ability to clearly communicate with Counsel and the Union, I will extend the deadline for the provision of revised particulars to August 29, 2022. If there are any medical reasons why the Grievor is unable to provide particulars or participate in this proceeding, the Grievor is required to provide a medical note explaining why he cannot comply with this Order or why he cannot participate in this proceeding. [4] Should the Union be able to provide the revised particulars by August 29, 2022, the Employer will advise the Union, no later than September 14, 2022, of any preliminary objections it plans to raise at the hearing. Dated at Toronto, Ontario this 28th day of July 2022. "Dale Hewat” Dale Hewat, Arbitrator