HomeMy WebLinkAbout2008-3496.Black.10-05-07 Decision
Commission de
Crown Employees
Grievance
règlement des
Settlement Board
griefs
des employés de la
Couronne
Suite 600
180 Dundas St. West
Bureau 600
Toronto, Ontario M5G
180, rue Dundas Ouest
1Z8
Toronto (Ontario) M5G
Tel. (416) 326-1388
1Z8
Fax (416) 326-1396
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2008-3496
UNION#2008-0205-0160
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
Union
(Black)
- and -
The Crown in Right of Ontario
(Ministry of Attorney General)
Employer
BEFOREVice-Chair
Bram Herlich
FOR THE UNION
Stephen Giles
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Brian Loewen
Ministry of Government Services
Counsel
TELECONFERENCE
May 6, 2010.
- 2 -
Decision
[1]In a decision dated November 24, 2009 in this matter, I directed the union to provide
particulars of its claim to the employer. The union has done so, but certain issues remain
outstanding between the parties with respect to those particulars.
[2]A hearing was convened by way of teleconference on May 6, 2010.
[3]The employer asserts that certain of the union?s particulars ought to be struck as they
relate to events that transpired long before the filing of the grievance. In the alternative, it
submits that those particulars are insufficient as they fail to disclose the nature and substance of
the union?s claim.
[4]Having considered the submissions of the parties, I am satisfied that at least the second of
the employer?s submissions is well founded. (In the circumstances, I will defer consideration of
the employer?s primary position until such time as it must be determined.)
[5]The union is hereby directed to provide full particulars of its claim as it relates to
paragraphs 10-15 of the union?s particulars dated March 22, 2010 (i.e. the section headed
?Treatment by Ms. Mann?). These particulars are to be provided to the employer not later than
June 15, 2010. In the absence of any further elaboration of the current particulars, those
paragraphs of the particulars provided to date will be struck and the Board will hear no evidence
in relation to them. Once these further particulars are provided, the employer may renew its
request that they be struck on the basis of their timeliness. Subject to dealing with any such
renewed request, the employer is directed, within six weeks of receipt of the completed
particulars, to provide the union with particulars of the case it intends to call and copies of all
documents upon which it intends to rely.
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[6]The parties are to be in communication with the Registrar for the purposes of scheduling
continuation dates.
th
Dated at Toronto this 7 day of May 2010.
Bram Herlich, Vice-Chair