GSB#2009-1107

UNION#2009-0504-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mance)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Peter Dailleboust Ministry of Government Services Counsel

HEARING

July 13, 2010.

Decision

1The grievance in this matter can perhaps best be described as multi-faceted. It touches on a multiplicity of issues. The union, however, has yet to provide particulars of the claims the grievor seeks to advance.

2Having regard to the submissions of the parties, the union is hereby directed, not later than the close of business Friday July 16, 2010, to provide the employer with full particulars of all aspects of the grievor’s claim. To the extent the grievor is seeking to raise issues that were the subject of the WDHP investigation already held, it is not necessary to furnish any duplicative particulars in that regard. The union is also directed, within the same time frame, to provide the employer with copies of all documents or other materials upon which it intends to rely in these proceedings.

3I note that the employer has put the union and the grievor on notice that if the particulars and materials herein directed to be produced are not, it will seek to have the grievance dismissed in its entirety. Alternatively, it will seek to restrict the evidence put before this Board to matters in respect of which this direction was complied with.

4Hearing in this matter will continue on Tuesday July 20, 2010. I note as well that the employer indicated that it would advise the union in advance of the commencement of the hearing in the event it intends to make any preliminary motions.