GSB#2008-1105

UNION#2008-0517-0027

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Williams)

Union

• and -

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

Employer

BEFORE

Joseph D. Carrier

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Michelle Dobranowski Ministry of Government Services Counsel

HEARING

January 12, 2010.

Decision

1On consent of the parties, the Board hereby directs that the Employer provide the Union with particulars of the facts on which it intends to rely upon in support of its case for just cause for termination of the Grievor’s employment.

2The written particulars are to include not merely legal conclusions but, in addition, the facts which the Employer asserts support its conclusion that dismissal for just cause was appropriate in the circumstances.

3The particulars must also include any relevant documents and/or policies.

4With respect to each act or omission alleged. The particulars shall indicate what was done or not done, when, where, by what means and by whom.

5Particulars in the specific form noted above are due to the Union no later than Tuesday, January 26, 2010.

6Failure to comply with the specific terms of this order may result in the Employer being precluded from adducing any evidence in matters not particularized.

7Leave of the Board will be required should the Employer, during the subsequent course of the proceedings, seek to adduce evidence that was not previously particularized or to tender documents not previously produced to the Employer.