HomeMy WebLinkAbout2021-2591.De Sousa.24-02-16 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# 2021-2591
UNION# 2021-0228-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(De Sousa) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Annie McKendy Arbitrator
FOR THE UNION James Sommerville
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Dimitrios Molos
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING February 16, 2024
-2 -
Decision
[1] This is an Order requiring that the Grievor provide particulars to the Employer by
February 23, 2024, failing which, the grievance may be dismissed.
[2] The Parties attended a hearing on July 18, 2022, during which they engaged in
case management. The Parties agreed that the Union would provide full
particulars by November 23, 2022. Particulars were not forthcoming. The
Employer again requested particulars by email on November 25, 2022. Some
particulars were provided, but they did not include particulars with respect to the
date upon which the Grievor alleges that the employer violated Article 31A.15 of
the collective agreement and that the grievance thereby crystalized. The
Employer again requested particulars on April 13, 2023. The Union provided
amended particulars, but the Grievor did not provide the aforementioned
information.
[3] The Parties advised that the Employer provided all relevant production to the
Union on July 6, 2023.
[4] The Parties met for a second day of hearing on December 21, 2023, during
which they again engaged in case management. The Employer requested an
order for the Grievor to provide the outstanding particulars. The Board issued a
verbal order for the Grievor to provide the particulars at issue. The Grievor was
directed to provide the particulars by January 19, 2024.
[5] On February 9, 2024, the Employer requested that the grievance be dismissed
based on the Grievor’s non-compliance with the Order. The parties made brief
submissions during a conference call on February 16, 2024. The Union stated
that the Grievor’s explanation for her failure to comply with the order was that she
needed additional time to review her records. Given that the verbal order did not
specify that her failure to comply could result in the dismissal of her grievance, I
find it appropriate to give the Grievor a brief extension. I hereby order the
Grievor to particularize, no later than February 23, 2024, the date upon which
she alleges that the Employer violated Article 31A.15. Failure to comply with this
Order will result in the dismissal of the grievance, subject to the requirements of
procedural fairness.
Dated at Toronto, Ontario this 16th day of February 2024.
“Annie McKendy”
Annie McKendy, Arbitrator