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HomeMy WebLinkAbout2019-2015.Husain.24-02-02 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# 2019-2015; 2020-1047; 2020-1048; 2021-0190; 2021-0392; 2021-0754; 2021-0755; 2021-0914 UNION# 2019-5112-0224; 2020-5112-0140; 2020-5112-0141; 2021-0582-0079; 2021-0582-0091; 2021-0582-0098; 2021-0582-0099; 2021-5112-0127 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Husain) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Nimal Dissanayake Arbitrator FOR THE UNION Adam Veenendaal Morrison Watts Hurtado & Buchner Counsel FOR THE EMPLOYER Andrew Lynes Treasury Board Secretariat Legal Services Branch Counsel HEARING January 31, 2024, by Conference Call -2 - Decision [1] The Board is seized with eight grievances filed by Correctional Officer Ms. Zareena Husain. All of which were consolidated by agreement. [2] When the Board convened on November 14, 2022, and again on August 2, 2023, the parties attempted to settle these grievances through mediation, but were unsuccessful. At the end of the day on August 2nd the parties discussed about the process for arbitration. The union undertook to provide its particulars with respect to the grievances no later than January 19, 2024, in preparation for arbitration. [3] At the hearing convened by way of a conference call on January 31, 2024, the Board was informed that the union had not provided any particulars as of that date. [4] Having received presentations from both counsel, the Board advised that in the circumstances, it would be issuing an order to the union to provide particulars, to enable arbitration to proceed on the dates, which are scheduled. [5] That order is as follows: The union shall provide the employer with full written particulars of the material facts on which it relies no later than Friday March1, 2024. 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 by further order of the Board. -3 - [6] If the union fails to provide particulars with respect to an allegation in compliance with this order, it may not introduce evidence about that allegation in this proceeding without leave. Moreover, although the Board will not lightly exercise it, it has jurisdiction to dismiss a grievance for failure to comply with an interim order. See, Re Kay (A.T.U. Local 1587) and Metrolinx, GSB 2019-1164 (Flaherty) and authorities cited therein. Dated at Toronto, Ontario this 2nd day of February 2024. “Nimal Dissanayake” Nimal Dissanayake, Arbitrator