HomeMy WebLinkAbout2020-0790.Mochama.2022-09-01 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#2020-0790
UNION#2019-0520-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mochama) Union
- and -
The Crown in Right of Ontario
(Ministry of Municipal Affairs and Housing) Employer
BEFORE Joseph D. Carrier Arbitrator
FOR THE UNION Matthew Appignanesi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Erika Montisano
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING August 31, 2022
-2-
Decision
[1] On August 31, 2022 by way of teleconference with Counsel, the Employer
requested an Order directing the delivery of particulars concerning the allegations
referred to in the 2019 Grievance of Ms. Agnes Mochama.
[2] The Grievance of Ms. Agnes Mochama, an employee working with the Ministry of
Municipal Affairs and Housing, originally came on for hearing before me May 17,
2022.
[3] At that time, the Parties agreed that an attempt be made to mediate a resolution
of the issues raised in the Grievance as filed in 2019.
[4] At the conclusion of those discussions the Parties had agreed:
a) that the Union would provide particulars of the allegations alleged in the
Grievance at or before July 1, 2022;
b) that on receipt of those particulars, the Employer would consider an offer
made by the Union to resolve the outstanding grievance;
c) that a further date be set for an attempt at resolution by way of
mediation/arbitration in the event that no settlement had been reached
beforehand;
d) a continuation date was set for October 6, 2022.
[5] The particulars were not forthcoming by July 1, 2022 as agreed upon nor had they
been provided up to the commencement of the teleconference on August 31, 2022.
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[6] In view of the upcoming October 6, 2022 hearing date, Employer Counsel sought
an order to compel the delivery to her forthwith of those particulars, failing which
this matter and grievance should be dismissed.
[7] Having considered the information provided and the submissions of both Counsel,
I ordered orally as follows:
i) Comprehensive particulars shall be provided by the Union to Employer
Counsel on or before September 16, 2022.
ii) In the event that full and comprehensive particulars are not provided by the
Union to Employer Counsel at or before September 16, 2022, this grievance
may be dismissed upon motion of the Employer.
iii) This order is made without prejudice to the Employer’s rights to raise any
other issues, preliminary or otherwise, including the sufficiency of any
particulars received by September 16, 2022 and/or to challenge the
admissibility of any particulars or further particulars received after
September 16, 2022.
[8] I herby confirm my order as set out above and as issued orally on August 31, 2022.
Dated at Toronto, Ontario this 1st day of September 2022.
“Joseph D. Carrier”
Joseph D. Carrier, Arbitrator