GSB# 2004-0018
UNION# 2004-0545-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (O'Halloran)
Union
- and -
The Crown in Right of Ontario (Ministry of Government Services)
Employer
BEFORE
Nimal V. Dissanayake
Vice-Chair
FOR THE UNION
Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Janice Campbell Counsel Ministry of the Attorney General
HEARING
October 2, 2006.
Decision
At the commencement of the hearing, the Board was notified that the instant grievance filed by Ms. Maureen O’Halloran had been settled by the execution of minutes of settlement in December 2004. The union has referred the matter back for arbitration before the Board. Employer counsel advised that the employer was not aware of what dispute or claim the union intended to put before the Board, because the union had not complied with the employer’s requests for particulars. In the circumstances, the employer advised that it is not in a position to proceed until appropriate particulars are received. The union did not dispute the employer’s right to have particulars in advance of the commencement of the arbitration hearing.
In the circumstances, the Board orders as follows:
The union shall provide particulars in writing to the union setting out:
(1) What allegation or claim is being advanced by the union in its present referral to arbitration.
(2) Specifically, whether the union is claiming that the employer had failed to comply with the minutes of settlement executed in December of 2004.
(3) If the union is claiming such non-compliance, a statement of particulars as to how, when and by whom such non-compliance occurred.
The particulars ordered above shall be submitted to the employer counsel on or before December 1, 2006.
The hearing in this matter shall continue on the mutually agreed to date of February 5, 2007.
Dated this 3rd day of October 2006 at Toronto, Ontario.