HomeMy WebLinkAbout2020-2858.Smieja.24-03-21 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# 2020-2858
UNION# 2021-0601-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Smieja) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE Christopher Albertyn Arbitrator
FOR THE UNION Rebecca Jones
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Ferina Murji
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING March 20, 2024
- 2 -
Decision
[1] This matter, Case No. 2020-2858, includes two grievances, 2021-0601-0001 (“the
first grievance”) and 2022-0601-0002 (“the second grievance”). The Registrar is
requested to include the second grievance under this matter, by consent of the
parties.
[2] Prior to hearing, the Employer requested particulars of both grievances. They have
not been provided.
[3] However, there are emails attached to the first grievance that explain what it is
about. Those will be treated as the particulars sought by the Employer.
[4] In regard to the second grievance, there is a 6-page collection of complaints that is
attached. It does not give a coherent explanation of what that grievance is about.
[5] The second grievance needs to be reformulated as coherent particulars of what
exactly is at issue, and why the Grievor says the collective agreement has been
breached. The Grievor, with the help of counsel, is given the opportunity, by April
12, 2024, to provide such particulars. If within that time the particulars are not
provided, this grievance will be dismissed for lack of arbitrability.
[6] The further procedure for the hearing of the grievances will be decided after the
particulars are provided.
Dated at Toronto, Ontario this 21st day of March 2024.
“Christopher Albertyn”
________________________
Christopher Albertyn, Arbitrator