Ontario Public Service Employees Union (Sparks) v. The Crown in Right of Ontario (Ministry of Community and Social Services), 2009 CanLII 59460

Grievance Settlement Board

GSB# 2005-2277, 2005-2278, 2007-0935 UNION# 2005-0586-0006, 2005-0586-0007, 2007-0586-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sparks)

Union

• and -

The Crown in Right of Ontario (Ministry of Community and Social Services)

Employer

BEFORE

Jules Bloch Vice-Chair

FOR THE UNION

Tim Hannigan Counsel Ryder Wright Blair & Holmes LLP

FOR THE EMPLOYER

Ferina Murji Counsel Ministry of Government Services

CONFERENCE CALL

August 27, 2009

DECISION

1On Thursday, August 27, 2009 I held a teleconference. At issue was a request by the Union for an extension of time for the filing of its particulars. The Employer had already allowed the Union one extension of time for the filing of particulars. The Union asserted that the extension was required as the grievor was ill. The Union was unable to provide me with particulars of the illness and consequently the Union could not explain why it could not meet with the grievor, in a timely manner, to provide particulars.

2Further to the Union's request for an extension of time to provide its particulars, the Board will allow an extension of two weeks, i.e. September 11, 2009. If the Union fails to provide the Employer with its complete particulars by that time that particular grievance will be dismissed. I retain jurisdiction to allow the Union to show cause, by providing specific evidence of exceptional and extenuating circumstances, as to why the grievor was unable to provide particulars. Should I be satisfied, as to the reasons for the Union’s inability to provide its particulars, I retain the jurisdiction to reinstate the grievance.