Ontario Public Service Employees Union (Mazara) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2011 CanLII 10243

GSB#2009-1065

UNION#2009-0440-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mazara)

Union

• and -

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

Employer

BEFORE

Owen V. Gray

Vice-Chair

FOR THE UNION

Mr. Eric del Junco Counsel

FOR THE EMPLOYER

Mr. Omar Shahab Ministry of Government Services Labour Practice Group Counsel

TELECONFERENCE

January 5, 2011.

DECISION

1This grievance concerns events that occurred several years before the grievance was filed in 2009. The employer objects that, among other things, the grievance is untimely and, hence, inarbitrable.

2When the grievance first came on for hearing in September 2010, counsel agreed to a timetable for delivery of particulars before a hearing scheduled to commence January 5, 2010. The parties subsequently agreed that the hearing of preliminary issues would not commence on that date, that the deadline for delivery of the union’s particulars be extended to January 21, 2011, and that an order requiring the delivery of the union’s particulars by that date be issued.

3In accordance with that agreement, I direct that the union deliver to employer counsel, by January 21, 2011, full written particulars of the allegations of material fact on which it may wish to rely with respect to the merits of the grievance, as well as particulars of any additional allegations of material fact on which it may wish to rely in support of any request that this Board extend the collective agreement time limits for filing the grievance.