GSB#2008-3496

UNION#2008-0205-0160

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Black)

Union

• and -

The Crown in Right of Ontario (Ministry of Attorney General)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Stephen Giles Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Brian Loewen Ministry of Government Services Counsel

TELECONFERENCE

May 6, 2010.

Decision

1In a decision dated November 24, 2009 in this matter, I directed the union to provide particulars of its claim to the employer. The union has done so, but certain issues remain outstanding between the parties with respect to those particulars.

2A hearing was convened by way of teleconference on May 6, 2010.

3The employer asserts that certain of the union’s particulars ought to be struck as they relate to events that transpired long before the filing of the grievance. In the alternative, it submits that those particulars are insufficient as they fail to disclose the nature and substance of the union’s claim.

4Having considered the submissions of the parties, I am satisfied that at least the second of the employer’s submissions is well founded. (In the circumstances, I will defer consideration of the employer’s primary position until such time as it must be determined.)

5The union is hereby directed to provide full particulars of its claim as it relates to paragraphs 10-15 of the union’s particulars dated March 22, 2010 (i.e. the section headed “Treatment by Ms. Mann”). These particulars are to be provided to the employer not later than June 15, 2010. In the absence of any further elaboration of the current particulars, those paragraphs of the particulars provided to date will be struck and the Board will hear no evidence in relation to them. Once these further particulars are provided, the employer may renew its request that they be struck on the basis of their timeliness. Subject to dealing with any such renewed request, the employer is directed, within six weeks of receipt of the completed particulars, to provide the union with particulars of the case it intends to call and copies of all documents upon which it intends to rely.

6The parties are to be in communication with the Registrar for the purposes of scheduling continuation dates.